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How to discipline employees who have lied about their criminal records

by , 05 August 2013
13% of all applicants checked in 2010 had a criminal record. You can only imagine how that number has grown since then. The truth is you might be hiring convicted employees without even knowing it. But what do you do when you discover your employee has lied about his criminal record? Can you dismiss him on the spot? Read on to find out so you can safeguard your company's bottom line.

It's your legal duty to create a safe workplace for your employees.

That's why it's crucial to take action when you discover your employee has lied about his criminal record.

But what options do you have because simply firing a convicted employee and disregarding his rights could be a legal risk?

Has your employee lied about his criminal record? Here's how you should discipline him

According to the Labour Law for Managers Loose Leaf Service, because the employment relationship is intended to be based on trust and honesty, you're entitled to take disciplinary action against employees who've lied about having a criminal record.

Here's how to discipline a senior employee who has lied about his criminal record.

Senior employee: A senior employee, particularly one employed to fulfill a role involving a high degree of trust, has a duty to disclose a previous criminal record. This is true even if you haven't asked her to disclose this information, or if you've failed to address this issue, for example, at her job interview.

This is because honesty and good faith are two of the grounds upon which you base your decision to employ a senior employee. For this reason, a senior employee would be specifically obliged to disclose prior criminal convictions, especially any involving an element of dishonesty.

This means you can take disciplinary action against your employee. You must base the disciplinary action on the misrepresentation itself and not the criminal conduct.

This is because the misrepresentation is a form of dishonesty and demonstrates bad faith on your employee's part.

Other employees - If a very low-level employee isn't asked about his criminal record and doesn't disclose a past conviction this would probably not constitute misconduct.

However, if you specifically ask the question of any employee (including a low-level employee) and that employee lies, this would constitute misconduct.

In this case you can discipline your employee for misconduct. Just be sure to follow the correct disciplinary process.

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AVE 2014-01-29 12:38:26

A senior employee has been dismissed due to misrepresentation of criminal record,.,.Initial application he responded as NO criminal /pending criminal charges, however on subsequent forms given before employment offer and before commencing employment he disclosed the convictions, after employment effective date , verification reports come back from vendors and the employer calls him for disciplinary hearing ,suspended with full pay and ultimately fired, Is this fair dismissal, what can he do??

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