Subject to the employers policy settings, procedures and documentation regarding probation periods and warranties, the employer has the remedy to misrepresentations by terminating the employment contract.

In other words, the employee has breached the employment contract through false representations and can not only be terminated but liable for damages where economic loss can be demonstrated.

Misrepresentation is grounds for termination in three instances:

1. Where there’s been a breach of the warranty term, amounting to a breach of contract;
2. Where the fraud or misrepresentation is so dishonest that it constitutes serious misconduct; and
3. Where the employee does not have the qualifications necessary for them to do the job.

The metaphor previously used of “Protect yourself at all times” comes to the fore again here, and ultimately the best protection in these matters is to ensure your policies and procedures are tailored to ensure the recruitment process identifies the skills and qualifications necessary for the role concerned.

The procedures for analysis and testing should be rigorous to ensure the prospective employee has the necessary attributes for the role and therefore eliminate risks in employing the person(s) concerned.

Get it right first! Warranties and probation periods, because endeavouring to bring a dishonest persons employment to an end can be extremely problematic and is a drain on the management teams energy and resources.