The Employment Relations Authority has upheld a personal grievance claim when a job seeker had their offer of employment withdrawn after it was accepted by them.

The employee failed to mention in the process that they had faced a charge of theft from a previous employer.  They had been found not guilty of the charge.  Their CV left out the employment which related to the allegation of theft.

The ERA held that the employer failed to properly investigate the allegation or give the employee a proper opportunity to explain the allegations.

The ERA held that the offer could not be withdrawn after acceptance but as the woman had deliberately left the relevant details out of her CV to avoid the theft allegation complications her remedies were reduced by 25%.

She was awarded $6,000 compensation plus $1,684 lost income.

Alan Knowsley
Employment Lawyer