Pluses of pre-employment screening

Good staff can be a tremendous asset, but when things go wrong it can be a nightmare.
One of the most important things an employer can do is to get it right from the beginning.
This means investigating the background of potential employees before you hire them. After all, a stitch in time saves nine.
An employee is obligated to honestly answer questions asked by an employer during the pre-employment stage.
They are not, however, obligated to voluntarily disclose information. This means that an employee with a criminal history does not have to tell you about it unless you ask the right questions.
An employer should do two things. The first is to ask the right questions. The second is to then check that the information they have been given is correct.
When advertising for new staff and interviewing, an employer needs to be careful not to write or say anything that breaches the Human Rights Act. It is unlawful to discriminate against an applicant based on 'prohibited grounds' such as race or ethnic origin, gender or disability.
There are simple ways you can avoid making discriminatory statements, such as by asking 'do you have any condition that may affect your ability to carry out the role?' instead of saying 'do you have any health problems or disabilities?'
At the same time, an employer needs to elicit enough information to be able to make a properly informed decision about who to offer the job to.
Think about your business' specific needs and the job you are advertising for. Are there pre-requisites for the job, such as previous work experience, computer skills, driver's licence and recognised qualifications?
You should limit your questions to those necessary only to filling the role. An employer can ask about past employment experience and qualifications, criminal history and traffic offences, whether the applicant has ever been (or currently is) taking part in the Police Diversion Scheme and health issues that could affect their ability to fulfil the requirements of the job.
There may be exceptions to the information an employee has to provide, for example, if the Clean Slate Act applies to a previous criminal conviction.
However, an employer can still ask about previous convictions provided that they do not actually encourage the employee to disregard the protection offered by the Act.
We also recommend you seek proof of New Zealand citizenship, residence, or an appropriate visa. Some new migrants enter on visas that prohibit them from working. An employer who employs someone in breach of that type of visa can become a party to the offence and be liable to penalties.
While employers may ask questions during interviews, a properly prepared employment application form should be the starting point of your whole employment process.
If you just sit down with the job applicant and make notes of what he/she tells you, then he or she might argue later that you misunderstood their response or wrote it down wrong.
Having a signed and dated application form is a safer way to proceed. We recommend that application forms also require applicants to declare that the information they have provided is accurate.
You can then test the veracity of the employee's answers by having them independently checked, for example, asking a specialist security consultant to undertake pre-employment screening for you. You should also call referees and previous employers.
The authors:
Frances Lear is a Senior Associate at DLA Phillips Fox with extensive experience providing practical and strategic advice in all employment law areas.
Trevor W.A. Morley is a former Police officer with 16 years experience as a Detective and is the Managing Director of Wellington-based, Morley Security & Investigation Group Ltd.
With 40 years experience as a licensed security consultant and private investigator, his company supports employers throughout New Zealand with pre-employment screening.