The Employment Relations Authority has upheld a personal
grievance claim when a job seeker had their offer of employment withdrawn after
it was accepted by them.
The employee failed to mention in the process that they
had faced a charge of theft from a previous employer. They had been found not guilty of the
charge. Their CV left out the employment
which related to the allegation of theft.
The ERA held that the employer failed to properly
investigate the allegation or give the employee a proper opportunity to explain
the allegations.
The ERA held that the offer could not be withdrawn after
acceptance but as the woman had deliberately left the relevant details out of
her CV to avoid the theft allegation complications her remedies were reduced by
25%.
She was awarded $6,000 compensation plus $1,684 lost
income.
Alan
Knowsley
Employment
Lawyer Wellington
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