Withdrawing An Offer Of Employment Part 3

In part 1 of this three part series, we looked at withdrawing an offer of employment (1) before it has been accepted and (2) after a candidate has accepted the offer.

In part 2, we looked at (1) high-risks for withdrawing the offer of employment and (2) pre-conditions to employment.

In this part 3, we look at a recent case that highlights the importance of making an offer subject to pre-conditions.

Genockey v The Governor and Company of the Bank of Ireland [2017] IEHC 498

In the recent High Court decision of Genockey v The Governor and Company of the Bank of Ireland [2017] IEHC 498, a successful applicant's offer of employment was withdrawn because the she had failed Maths in the leaving certificate.

In this case, the plaintiff had sent her unsolicited CV to the defendant employer. Her CV included information that the plaintiff's leaving certificate results consisted of 3 (honours) 4 (passes). In reality the plaintiff had received 4 passes and 3 fails in pass level subjects. However, the plaintiff submitted that the error in her CV was because she had forgotten her results, which the Court accepted.

The plaintiff was invited to interview and was asked to bring with her a completed application form and original proof of her qualifications. The plaintiff attended interview and brought with her a completed application form. She did not bring proof of her qualifications. The defendant employer's application form which was completed by the plaintiff, prior to interview, included the following:-

a statement that applicants will undergo a pre-employment screening process; prior to commencing employment, the successful candidate must provide original documentation in relation to the required educational qualifications; a declaration to be signed by the applicant which states:- "an offer of employment is subject to verification of educational qualifications, proof of identification [...] Any deliberate misrepresentation or omission could result in the withdrawal of any offer of employment (if successful), or in dismissal should employment have commenced." Following interview, the plaintiff received a call from the defendant employer to confirm that she was successful at interview. A point of dispute arose as to the precise wording used by the defendant employer on the call. The plaintiff contended that the offer was an unconditional offer, while the defendant contended that the offer was most likely make subject to successful completion of pre-hire...

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