Worker lied, got sacked then compensated

[Saint in Paradise]

See we have stupid stuff over here as well as the UK case of sticking a dummy to a baby.

 

A South African who faked work references and lied about his qualifications and experience has won $10,000 ( Approx 5000 Pounds )compensation for unjustified dismissal.

 

But Friedriech Gostmann's former boss Gordon Faber says Mr Gostmann's competence as a refrigeration engineer was so poor he almost electrocuted an apprentice.

 

Mr Gostmann was dismissed without notice from Independent Refrigeration and Electrical in Whakatane in August last year after making a series of costly and serious errors.

 

In one of the incidents an apprentice asked Mr Gostmann if cables had been isolated when they had not. The cables short-circuited when the apprentice went to move them and he narrowly avoided electrocution.

 

When Mr Gostmann was interviewed for the senior position early last year, he told Mr Faber he was a refrigeration engineer with 15 years' experience in South Africa. But when he could not perform basic duties alarm bells rang.

 

"He always seemed to be jittery and I was always scared to work around him," Mr Faber said.

 

He asked Mr Gostmann to resign or undergo a notice of dismissal process but said the 55-year-old did not come back to work.

 

When Mr Faber made inquiries with Mr Gostmann's former employers in South Africa he was told Mr Gostmann was merely a handyman.

 

His only qualification in the industry was the equivalent of a two-week course completed for immigration papers and that a reference from his former employer was actually signed by an unwitting office person.

 

"He was actually a big bulls******."

 

Mr Gostmann said he had never lost a job and he was shocked by the situation and wanted to move on.

 

For the rest of the story:-

 

http://www.rotoruadailypost.co.nz/news/compensation-worker-who-lied/1731185/

[Whitey Grandad]

You can have similar problems here. If you don't follow the correct procedure the dismissal is automatically unfair.

[Viking Warrior]

Even when you follow the procedures by the book . Tribunals on a number of occasions can favour the employee . That's why the EAT are snowed under with review cases . Nothing is ever black and white in employment law and practices .

[Viking Warrior]

The issues about references is also an interesting topic as well . There are many applications were potential applicants do not use their current employer if they are in work or if not their most recent . Some employers will not give references . Some keep it very bland . Many applicants just put friends down as references . When you request their last work place they are extremely reluctant to give you a name . And say they do not want you to approach them . I see both sides of the argument re references but in many cases they are not worth the paper they are written on . I had one recently . Basically said the person was hard working honest and hard working and x was sorry to see them go . Ask whether they would reemploy them again the employer said certainly not . Also the reference was not helpful . When the local press reported this individual had recently been released after serving a prison sentence for defrauding the company who the reference came from .

[hypochondriac]

Even when you follow the procedures by the book . Tribunals on a number of occasions can favour the employee . That's why the EAT are snowed under with review cases . Nothing is ever black and white in employment law and practices .

 

Absolutely. The problems we have had last year with this has made extremely disillusioned. The process hinges too much on the wims of a judge with no real knowledge of the casem

[hypochondriac]

You can't give unfavourable references as you are liable to be sued.

[bridge too far]

You can't give unfavourable references as you are liable to be sued.

 

Although, in this case, he faked his references anyway.

[Viking Warrior]

You give factual references hypo . You can ask whether the person is subject to current disciplinary matters . What their attendance is like etc . Yes your right you could get sued if it was factually in correct or say I'm not going to employ that knobshead again etc . Normally references are given in confidence . But the data protection act does allow the potential applicant to request to see the reference . But permission has to be sought from the author .