Section 3: Section 10 of principal Act amended
This section is inserted by Act No 15 of 2017, section 2A.
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
3. Section 10 of principal Act amended
Section 10 of the principal Act is amended –
(a) by renumbering the existing provision as subsection (1);
(b) in the newly numbered subsection (1), by adding the following
new paragraph, the word “or” at the end of paragraph (d) being
deleted and the full stop at the end of paragraph (e) being
deleted and replaced by the words “; or” –
(f) where, subject to subsection (2), that person
has a criminal record which is irrelevant to
the nature of the employment for which
that person is being considered.
(c) by adding the following new subsection –
(2) The burden of establishing the relevance of the
criminal record to the nature of employment shall rest with
the employer or prospective employer.
Acts 2017 431
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Questions this section answers
- Can an employer refuse to hire me because of an irrelevant criminal record?
- Who has to prove my criminal record is relevant to the job I applied for?