Free Call 1800 650 077
Piranha Insurance Brokers
  • HOME
  • ABOUT US
    • PIRANHA RACING
  • INSURANCE SERVICES
    • PERSONAL INSURANCE
    • REAL DEAL MOTOR SPORT INSURANCE
    • BUSINESS INSURANCE
  • KEY DOCUMENTS & RESOURCES
    • RESILIUM PRIVACY POLICY
    • DOCUMENTS
  • CONTACT US
  • Click to open the search input field Click to open the search input field Search
  • Menu Menu

An employer’s right of dismissal for lies in a job application

September 3, 2018/in Latest News/by admin

Employers may sometimes come across job applicants who have embellished, exaggerated or stretched the truth about their qualifications, skills and experience in order to gain employment. While lying on a job application through a résumé, CV, cover letter or job interview may not be a criminal offence, it will be considered fraud if an individual presents false documents to back up claims of qualifications, education or job history. It is also illegal to impersonate a doctor, a police officer and various other occupations.

In these situations, an employer may take disciplinary action, and go so far as to dismiss the employee, even if the misrepresentation does not relate to the qualifications or skills required to perform the role. This is because of the inherent requirements of trust and honesty in the employment relationship. Furthermore, even a little stretching of the truth could amount to a breach of the employment contract.

In Jacques v The McCarroll Motor Group [2014] FWC 5793, the Applicant was a trainee motor mechanic who lied in a job interview and said that he had around six modules left to complete in the near future for his trade qualifications. However, the Applicant actually had 14 modules left to complete and had not made any progress since starting the job. The Fair Work Commission found that the dismissal was not ‘harsh, unjust or unreasonable’ because the Applicant’s misrepresentations had demolished the trust and confidence necessary to maintain the employment relationship. Furthermore, the Applicant could not satisfy the foundation element of the employment without his trade qualifications.

In 2015, Jeffrey Flanagan pleaded guilty to deception charges when it was uncovered that he had falsified his employment history and gave fictional references on his résumé. Myer, who had hired Mr Flanagan as an executive, had terminated his employment on the first day and referred this matter to police.

More recently, in Tham v Hertz Australia Pty Ltd T/A Hertz [2018] FWC 3967, an employer was able to dismiss an employee due to exaggerated employment dates on his CV, despite the fact that the misrepresentation did not directly relate to the employee’s role and there were procedural deficiencies in the disciplinary action taken by the employer.

The key takeaway for employers is that there is a right to dismiss an employee who intentionally lies in their job application or provides false details. However, employers should ensure that any immediate dismissal is due to sufficiently serious dishonesty and that all procedural matters are followed during the disciplinary and dismissal process.

Share this entry
  • Share on Facebook
  • Share on X
  • Share on WhatsApp
  • Share on Pinterest
  • Share on LinkedIn
  • Share on Tumblr
  • Share on Vk
  • Share on Reddit
  • Share by Mail
https://www.piranhainsurance.com.au/wp-content/uploads/2018/09/brokerwise-1.jpg 547 801 admin https://www.piranhainsurance.com.au/wp-content/uploads/2024/01/Piranha-logo-RGB.jpg admin2018-09-03 04:49:522018-11-03 00:06:27An employer’s right of dismissal for lies in a job application

Pages

  • About Us
  • Business Insurance
  • Business Quote Request
  • Contact Us
  • Document Library
  • General Insurance
  • Home
  • Hot Rods, Harleys, Muscle Cars & Sports Cars
  • Management Liability Insurance
  • Overview
  • Personal Insurance
  • Piranha News
  • PIRANHA RACING
  • Profile
  • Profile Personal Note
  • Real Deal
  • Real Deal for Brokers
  • Real Deal Insurance Quote Form – Race Car Transit & Storage
  • Real Deal Motor Sport Insurance
  • Real Deal Transporter Truck & Trailer Insurance
  • Services
  • Site Map
  • Testimonials

Categories

  • In the Community
  • Insurance
  • Latest News

Archive

  • November 2020
  • June 2020
  • March 2020
  • December 2019
  • September 2019
  • July 2019
  • June 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • June 2018
  • April 2018
  • January 2018
  • December 2017
  • October 2017
  • September 2017
  • June 2017
  • April 2017
  • March 2017
  • October 2016
  • July 2015
  • May 2015
  • March 2015
  • February 2015
  • November 2014

MEMBER OF

National Insurance Brokers Association
Council of Queensland Insurance Brokers

PART OF

CONTACT US

Phone 07 4927 8400
Free Call 1800 650 077

Po Box 1251
Rockhampton Q 4700

VISIT US

PIB Investments Pty Ltd t/a Piranha Insurance Brokers ABN 61 638 023 211 CAR 1281593 is an Authorised Representative of Resilium Insurance Broking Pty Ltd ABN 92 169 975 973 AFSL No 460382

We subscribe to and are bound by the Insurance Brokers Code of Practice, a full copy of which is available from the National Insurance Brokers Association (NIBA) website, www.niba.com.au.

General Disclaimer: The information on this website is to be regarded as general advice. Your personal objectives, needs and financial circumstances were not taken into account when preparing this website content. We recommend that you consider the suitability of this general advice, in respect of your objectives, financial situation and needs before acting on it. You should obtain and consider the relevant product disclosure

Online Disclaimer: This information does not take into account the objectives, financial situation or needs of any person. Before making a decision, you should consider whether it is appropriate in light of your particular objectives, financial situation or needs.

© Copyright - Piranha Insurance Brokers | Website by
  • Contact Us
Link to: The hidden dangers in your mobile phone contract Link to: The hidden dangers in your mobile phone contract The hidden dangers in your mobile phone contract Link to: Unfair contract laws to be extended to insurance Link to: Unfair contract laws to be extended to insurance Unfair contract laws to be extended to insurance
Scroll to top Scroll to top Scroll to top