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ARTICLE · 26 FEBRUARY 2025

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Misleading and deceptive conduct in the workplace

The principles of misleading & deceptive conduct under ACL also extend to the employer-employee relationship.

AustraliaEmployment and HR

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Misrepresentation involves providing false or misleading information that induces another party to act, leading to potential harm or loss. In the workplace, misleading and deceptive conduct by employees or employers can lead to financial, professional and legal consequences.

Deceptive and misleading conduct is often only associated with consumer law because it comes from the Australian Consumer Law (ACL). However, its principles also extend to the employer-employee relationship in various ways.

What is employee misrepresentation?

There are a number of ways an employee may be determined to have behaved in misleading and deceptive conduct. Such misrepresentation often occurs during the recruiting process, leading to an appointment based on false information or relevant information the employee failed to disclose.

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