Disclosure of Information at Interviews

It is a vital part of the process of employment that any employer must ask all the necessary and vital questions at the interview stage in order to ensure that full disclosure is made by the job applicant. If any information is important, the employer must ask the questions of the applicant.
 

It is no good depending on the applicant to volunteer information, because generally a job applicant will not provide information unless he/she is asked. In Grobler ./ Anglo Platinum Frank Shaft [2008] 2 BALR 147 (CCMA), just such a situation arose. The applicant applied for employment, his application was successful and he was appointed. The applicant was previously employed by Impala Platinum Rustenburg. Whilst in that employment, the applicant was charged with gross negligence in the performance of his duties, resulting in his dismissal from Impala Platinum.

The applicant, after his dismissal, started and managed his own business for approximately 12 months. The applicant later approached an employee of Anglo Platinum regarding the possibilities of any employment opportunities there.  The employee who was approached asked the applicant for a copy of his curriculum vitae in order to give it to the mine overseer. The applicant did mention to this employee that he spoke to, that he was previously dismissed from Impala Platinum. The employee apparently passed this information to the mine overseer.

Following an interview, the applicant was informed that his interview and subsequent application for employment was successful. After signing an offer of employment for the position of shift supervisor, the applicant continued to attend the induction course, and after successfully completing that course he returned to his specific shaft.

During this time and whilst attending to administration requirements specifically in relation to the applicant's employment, it was discovered that the applicant was previously dismissed from Impala Platinum. The applicant was informed that his employment would not be processed and that he must report to the human resources Department. The applicant was informed that his appointment was withdrawn due to the fact that he failed to disclose important information in respect of his disciplinary record with the Impala mine. The applicant then referred a dispute of unfair dismissal to the CCMA.

A witness for the respondent testified that at the interview, he did ask the applicant the reason why he had left his previous employment, and the applicant had answered that he was looking for better opportunities. Under cross-examination, witnesses for the respondent confirmed that the applicant had the opportunity to disclose the fact that he was dismissed from Impala, but failed to do so. For various reasons, it was held that there were procedural defects regarding the procedure followed by the employer prior to dismissing the applicant. In other words, the arbitrator ruled that the dismissal was procedurally unfair but substantively fair.

The substantive reason for the dismissal was a fair reason - namely the reason for the dismissal was because the applicant had failed to disclose vitally important information regarding the termination of his employment with his previous employer. Despite the fact that the arbitrator found that the dismissal was procedurally unfair, he did not award any compensation to the applicant for procedural unfairness.

This was because the procedural defects brought about by the employer, when seen against the fact that "the applicant himself acted unjustly and incorrectly by failing to disclose important and relevant information that would, in all probability, have impacted negatively on the decision of the respondent to appoint the applicant," is sufficient to render any procedural defect to be not unfair per se.
 

In other words, said the arbitrator, against this background the applicant is the architect of his own fate, and therefore is not entitled to any compensation. This matter must have consumed a large amount of the employer's time and resources, considering the interview process, the administrator of procedures to be adhered to in employing somebody, then the dismissal, CCMA conciliation, CCMA arbitration and probably a bit more.
 

Obviously, all job applicants will not necessarily be truthful in responding to questions that are asked. But the point is that if they are untruthful in such answers, and the lies are subsequently found out, there is reason for dismissal. It is highly unlikely that any applicant for employment will disclose that he was dismissed from his previous employer - if he does disclose such information he is hardly likely to get the job.

Employers must ensure that they have a proper written procedure to be followed at job interviews, and the procedure must contain questions regarding previous employment and the reasons for the termination of it. Employers will avoid a huge amount of headache and heartache by spending a few minutes to draw up such a procedure.

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