Employee misrepresentation

Taking potential employee’s at face value and the information they provide when interviewing them for employment opportunities is a given – right? It’s not that simple as Independent Refrigeration and Electrical Ltd discovered when it dismissed Mr Gostmann for misrepresenting his ability to do the job they had employed him into. In 2011 Mr Gostmann moved to New Zealand from South Africa. He applied for a position working as a refrigeration engineer for Independent Refrigeration and Electrical Ltd and was successful in securing an interview. Mr Gostmann provided Independent Refrigeration and Electrical Ltd a copy of his CV which outlined information regarding his qualifications and experience. In particular, he described his role with his previous employer as a “refrigeration engineer” when in fact he was in the much more junior role of “cabinet line up fitter”. In the written job application form completed by Mr Gostmann he listed his trade/occupational qualifications as “trade refrigeration mechanic (industrial)”. As events transpired, the sum of Mr Gostmann’s training was two sets of 10 ½ day courses he had completed in South Africa. There was also a four month gap in Mr Gostmann’s employment for which he had been unable to provide an explanation. Based on the information Mr Gostmann provided during the recruitment process he was offered and accepted employment as a refrigeration engineer and commenced working on 5 March 2012. It was only after Mr Gostmann commenced his employment that Independent Refrigeration and Electrical Ltd became concerned about Mr Gostmann’s true level of experience. His performance was very poor and he made numerous mistakes. On 28 August 2012 Mr Gostmann was dismissed without notice on the basis that he had misrepresented himself during the recruitment process. While the Employment Relations Authority found that Mr Gostmann had misrepresented his qualifications and experience, it found that Independent Refrigeration and Electrical Ltd had failed to make thorough enquiries during the recruitment process. Independent Refrigeration and Electrical Ltd did not discuss Mr Gostmann’s employment history, skills and experience with any of his nominated referees and failed to explore with Mr Gostmann the work he had actually undertaken in South Africa. If Independent Refrigeration and Electrical Ltd had undertaken these two steps then the extent of the problems experienced following his appointment may have been avoided or reduced. The end result for Independent Refrigeration and Electrical Ltd was to hand over just over $10,000 because it did not follow a fair and reasonable process in terminating Mr Gostmann’s employment. The amount would have been higher, but the Authority thankfully acknowledged that Mr Gostmann had misrepresented himself during the pre employment screening process and therefore contributed 50% of the lost wages compensation as recognition. Not sure or need help? Call our Employment Specialist Vicki Campbell at Tompkins Wake Lawyers on her direct dial 07 838 6034.