Case: Employment Court Wellington WEC 5/96
When you’re applying for a job, you have to answer honestly and accurately any questions you’re asked that are relevant to your ability to do the job. But if you’re not asked anything about relevant health conditions or impairments, you don’t have to volunteer any information about this.
So if an impairment or condition that you didn’t mention – a mental illness for example – does turn out to affect your ability to do the job, then the employer would have to deal with this as a performance issue, rather than as an issue about dishonesty when you applied for the job. This means they would have to give you a chance to improve, offering training or other support, and so on. They can’t fire you or otherwise discipline you for not telling them about the impairment.
Note: Deaf Aotearoa has a guide to employment for Deaf and hard of hearing people available here: www.deaf.org.nz/services/employment