Answer to Question #327812 in Law for waleka

Question

In his application form, one of the questions is, “Have you ever been convicted of a criminal offence ?” Matias answers “no” and certifies, by his signature, that this

information is accurate and complete. An interview is scheduled for Matias with Donna, the manager of

HR. Omicron Ltd makes an offer of employment to Matias. The offer requires

that Matias consent to the company conducting a criminal records check. Matias consents. However, the

criminal records check will not be completed before Matias starts work for the company; the process can

take up to 4 months. The offer of employment contains a

comprehensive termination provision: “The Company may terminate your employment, at any time and

without notice, without a cause. Four months after Matias starts working at the company, Donna receives

the results of his criminal background check. It reveals that 5 years before being hired, Matias had been

convicted of a criminal offence for which a pardon had not been granted. What should Donna

advise?