Transport giant Linfox has paid over $10,000 to one worker, after the company sacked him over his criminal record but claimed it was for a different reason.

President of the Australian Human Rights Commission Professor Gillian Triggs has released a report into the firing, which found that a worker referred to as ‘TM’ did all he was supposed to do, but lost his job as a result.

While working with Linfox through a labour hire company, TM was approached by the Operations Manager at the Linfox site and told he would be directly employed by Linfox.

TM consented to the request and completed the necessary paperwork including a consent form for Linfox to get a police check.

As part of that paperwork, he indicated he did have ‘adult convictions or findings of guilt, which are over 10 years old,’ the details of which he said were “AS PER CRIMINAL HISTORY CHECK”.

Linfox claimed that in a later conversation with the Operations Manager, TM gave false information about the nature of his criminal record and failed to provide full and accurate disclosure of his convictions.

But Professor Triggs says this was shown by the declarations in the paperwork, and thus TM did not mislead Linfox as to his criminal history.

Just days after Linfox received TM’s criminal record check, his work with Linfox was terminated.

TM claims that Linfox’s decision was made on the basis of his criminal record, while Linfox said that it was on the basis of TM not providing truthful disclosure.

Professor Triggs found that the exclusion of TM was made on the basis of his criminal record.

In its submissions to the hearing, Linfox said it sacked TM because of the inherent requirements of TM’s job of linehaul driver, which include integrity and trust.

Professor Triggs says she accepts that integrity and trust are inherent requirements of a linehaul driver, but given that TM signed a consent form authorising Linfox to obtain a criminal record check and stated on the paperwork that he had a criminal record, he displayed those inherent requirements.

Professor Triggs recommended that compensation of $11,048 be paid for hurt and humiliation, and economic loss, and that Linfox make a written apology to TM.