Harassment question fair

By CHRIS PATTERSON

Q. I take issue with Chris Patterson's comments a couple of weeks ago regarding the recruitment agency asking the question of an applicant, "Are you currently undertaking any personal grievances against previous or current employers?"

The fact of taking a personal grievance or not has no bearing on the applicant being able to do the job applied for and therefore is an unnecessary and invasive question and cannot be asked of a prospective employee. The example of the builder Patterson gives is not comparable.

It is true that an employment relationship is a serious relationship. Rather than prying into irrelevant issues, an employment agency should ask the employer if it has ever had any employment cases taken against it. A CV of the company is as important as the CV of the applicant.

It is the lawful right of an employee to claim personal grievance against an employer. Such information has no place in deciding suitability for a position and to request it is a breach of a person's privacy. However, information on whether the prospective employer has a history of claims against it is important so an applicant knows what type of employer they may be working for.

I. McGovern,

Secretary & Legal Officer

Bakers & Pastrycooks Union.

A. Asking whether an employee has raised personal grievances in the past can, in some cases, be relevant to whether the applicant is "able to do the job being applied for".

An example would be where an applicant has raised personal grievances after being dismissed from several previous jobs for poor performance, or where an applicant had raised personal grievances after being dismissed from several previous jobs for racial or sexual harassment.

I do not think that asking an applicant whether they have taken a personal grievance is unnecessarily invasive. The applicant may have had justifiable reasons for raising a personal grievance - a fair and reasonable employer will not hold that fact against them.

Unfortunately, not all employers discharge their obligations and occasionally well-justified and understandable personal grievances are raised.

An applicant should ask whether "the employer has had any employment cases taken against it by employees".

I have had to deal with a company where the managing director was the subject of repeated sexual harassment claims, some of which were upheld. That history is certainly a relevant consideration for any intending employee of that company.

The Employment Relations Authority in one case held that an employer was justified when dismissing an employee who lied about being dismissed from his former employment.

Employment relationships are built on mutual trust and confidence. It is imperative that the parties are open and honest with each other and they cannot complain if they enter into relationships based on assumptions. The onus falls on the party wanting to rely on the assumption to ask the relevant questions.

The transport company that hired a truck driver without a licence had no grounds to complain for failing to inquire whether he was licensed to drive. Likewise, the employer who is faced with a personal grievance every time a reasonable instruction is given has no grounds to complain for failing to inquire as to whether the employee has a history of raising grievances.

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