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Employee correctly dismissed for undeclared convictions
The Employment Relations Authority has dismissed an employee’s personal grievance claim for unjustified dismissal because he failed to declare convictions.
The employee signed an employment agreement declaring that he had no convictions that were in any way relevant to his employment. He commenced employment, but when his criminal record check came back it showed multiple convictions for dishonesty and drink driving.
The employee tried to argue that they were not relevant to his employment as they were mostly 20 years old. The ERA held that the employee was required to disclose them and the failure to do so was serious misconduct justifying dismissal.
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