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ARTICLE · 27 JANUARY 2014

Pre - employment misrepresentations

Duncan Cotterill
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An employee has won an unjustified dismissal case after failing to disclose previous criminal convictions.

New ZealandEmployment and HR
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A Fonterra truck driver recently won his unjustified dismissal case after failing to disclose previous criminal convictions in his job application. The Employment Relations Authority awarded the employee a total of $18,000. This case highlights the technical difficulties that can arise for employers when dealing with pre-employment misrepresentations.

In Richardson v Fonterra Cooperative Group Ltd [2013] NZERA Wellington 132, Mr Richardson wrongly thought that his convictions were covered by the Criminal Records (Clean Slate) Act 2004 and as a result he thought he didn't need to disclose his convictions for driving with excess breath alcohol and driving while disqualified (among other convictions) on the job application form.

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