Cape Times writes that the failure to disclose a pending criminal case when asked to do so as part of a job application can have dire consequences, as an applicant who applied for the position of a court manager discovered.

Siphephelo Luthuli applied for two posts in the Eastern Cape as court manager. He was recommended as he was deemed the best candidate. He denied on his application form that he had a criminal record or any pending cases against him. But it was later discovered that there was a pending case relating to allegedly driving under the influence of alcohol. The Office of the Chief Justice (OCJ) then withdrew its recommendation that Luthuli get the job.

Luthuli took the matter on review before an arbitrator, who ruled in his favour. The OCJ then took the matter on review to the Gqeberha Labour Court, which said “it boggles this court’s mind” that the arbitrator could find, on the evidence before him, that the OCJ’s decision to revoke the recommendation that Luthuli be appointed was capricious and irrational and amounted to an unfair labour practice. The judge said it seemed that the arbitrator did not understand what it mean to be capricious and irrational. The Labour Court ruled in favour of the OCJ and said it was within its rights to revoke its recommendation that Luthuli should be appointed as court manager.

• Read the full original of the report in the above regard by Zelda Venter at Cape Times

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