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The applicant was informed that his appointment was withdrawn due to the fact that he failed to disclose important information in respect of his disciplinary record with the Impala mine.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 further information, contact Derek Jackson advice@labourguide.co.za