What is the extent of the duty on a person when applying for a job to disclose the circumstances under which his or her employment with a previous employer had been terminated?
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- In Intercape Ferreira Mainliner (Pty) Ltd v McWade and Others (2019) 30 SALLR 148 (LC), it was held that, when applying for a job, there is a duty to disclose the circumstances under which employment with a previous employer was terminated if it is material to the prospective employer’s decision whether to employ such person or not
- In similar vein, in Ndudane v Premier of Eastern Cape (2022) 33 SALLR 6 (ECB), it was held that an employee has an absolute duty to disclose such facts that are within his or her knowledge, which are material to a prospective employer’s decision whether to employ him or her