LAW 529 Lecture Notes - Lecture 3: Wrongful Dismissal, Attestation Clause

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Also false statements such as: lying that you have a degree in which the job requires. Minor misstatements do not customarily justify dismissal without notice such as: unintentionally misstating length of employment. To avoid dishonestly employers should include a attestation clause in their application forms. This clause states that the information provided is true and complete to the applicant"s knowledge and that the applicant realized that a false statement may disqualify her from employment or be the cause for her dismissal. Wrongful hiring: negligent misrepresentation (by an employer): should not be negligent and misleading or dishonest. Duty of care during the hiring process test: There must be a duty of care based on a special relationship between the party making the representation and the candidate; The representation must be untrue, inaccurate and misleading; The party making the representation must have acted negligently in making the misrepresentation. The candidate must have reasonably relied on the negligent misrepresentation; and.

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