Obviously bringing the situation to the attention of the recruitment agency would not be beneficial at this point in time. Can you tell me whether they are operating within the guidelines of the law?
A. There is nothing unlawful in asking a question as to whether an applicant is "undertaking any personal grievances". Indeed, I believe it is a sensible question. I am sure you would want to know if the builder you were considering engaging to build a house was suing his or her last clients for not paying because their house was leaking like a sieve.
An employment relationship is a serious relationship - some people hold down jobs longer than they do marriages and put more time and effort into their employment than they do into their families.
Such relationships are not to be rushed into and require appropriate consideration. Unfortunately, many employment relationship problems can be traced back to poor recruitment practices.
Recruitment agencies are paid a fee to provide certain services. Those services include screening and gathering background information about candidates so that their client employers can made informed decisions. Informed decisions are most likely to be the right decisions.
Employers cannot make informed decisions about whether they want an employment relationship with a candidate unless all the relevant questions have been asked. I believe that whether a candidate is pursuing or has pursed a personal grievance claim is relevant.
However, if that is the case it is more relevant to know the circumstances of the grievance. I prefer that employers ask whether an employee has been the subject of disciplinary action or has been dismissed by a previous employer.
I agree with you in relation to employees who, through no fault of their own have been mistreated and chosen to pursue a claim against former employers. Anecdotally, between 80 and 85 per cent of all claims referred to the Employment Relations Authority relate to personal grievances. As of October 6, 1773 claims have been filed, so I would estimate that there have been just over 1400 personal grievance claims.
About half of all claims heard by the authority are dismissed. I would also estimate that at least 30 per cent of the successful claims involved some contribution by the claimant. So, only in a significant minority of personal grievance claims is the employee found to be at "no fault".
This does not include the thousands of personal grievance claims that are settled between the parties. Some of those claims are simply frivolous and vexatious - a large number are settled for pragmatic reasons rather than because the claim has any merit.
I recommend that you do not lie to the recruitment agency. You should be open and honest. A fair and reasonable employer will not hold against you the fact that you pursued a grievance claim in circumstances where you were totally without fault. It is possible that your open and honest disclosure would be regarded as being a positive in your favour.
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