This case involved a claim of misrepresentation, breach of contract and negligent misstatement arising from the defendants withdrawing their employment offer to the plaintiff. The plaintiff had emailed her curriculum vitae to a senior manager in the defendant company and asked to be considered for any upcoming positions. The plaintiff had included her leaving certificate results from 1997, however as she later admitted these were inaccurate. Initially, no positions were available but she was later invited to interview for a position as Loans Administrator. She was asked to bring along a completed application form and original proof of her qualifications, but failed to bring the latter. The application form also included a declaration, signed by the plaintiff, which stated that the "offer of employment is subject to verification of educational qualification...any deliberate misrepresentation or omission could result in the withdrawal of any offer of employment (if successful), or in dismissal should employment have commenced".

The plaintiff was subsequently offered the job and before commencing same was asked to provide professional references and her leaving certificate results. Following receipt of the plaintiff's results the defendant informed the plaintiff that they could no longer offer her the position as she had failed maths.

The Court held that the plaintiff had not shown that the defendant had failed in their duty of care to her, as it was clear at all stages of the hiring process that the offer would be conditional on the plaintiff meeting the employer's hiring requirements. Accordingly, the plaintiff's claim failed as the defendant had a right to dismiss her for not meeting the requisite job criteria.
http://www.courts.ie/Judgments.nsf/09859e7a3f34669680256ef3004a27de/5db76af1041af2828025816e00453594?OpenDocument