HomeHome SearchSearch MenuMenu Our productsOur products

The Department of Home Affairs dismissed an employee for lying on his CV and made it stick. Follow these two steps and you can do the same

by , 19 December 2014
The issue of employees who lie on their CVs to get the job is a huge problem.

You hire an employee with an impeccable CV and three months later you find he has fake qualifications.

The good news is you don't have to be stuck with this employee.

The case between Department of Home Affairs and Another v Ndlovu and Others (DA11/2012) [2014] ZALAC 11 is proof of this.

Read on to find out how they dismissed an employee for lying on his CV and made it stick so you can do the same.

 
******** Recommended Product ********
 
Here's how to say 'you're fired!' the legal way!

******************************************

 

Here are the facts of this dismissal case

 
The department had to fill a position for an Area Manager, writes Varusha Pillay, an Associate in Shepstone & Wylie Attorney's Employment Law Department. A male employee was successful.
 
In his CV, he said he has a Diploma in Marketing from the Natal Technikon and a Bachelor of Technology Marketing from the Durban Institute of Technology.
 
Later on, the department found the Bachelor of Technology Marketing Degree was incomplete. As a result, it dismissed him.
 
The employee went to the Bargaining Council to claim unfair dismissal and lost. His defence was he told the panel the degree was incomplete. But couldn't explain why he put it in his CV as complete.
 
He then took the matter for review at the Labour Court. And guess what? He won and the department had to take him back and pay compensation.
 
It was now the department's turn to retaliate. It took the matter to the Labour Appeal Court and won.
 

The Labour Appeal Court had this to say about dismissing employees who lie on their CVs

 
According to Pillay, the court said the applicant told a lie on his CV to impress the panelists to get the job.
 
The court made it clear that the basic requirement in the employment relationship is trust. And the department was right to dismiss the employee.
 
So what did the department do correctly?

 
********** Advertisement *********
 
Is it hard to summarise all the information in the Labour laws and keep up with other regulations?
 
The Basic Conditions of Employment Act, the Labour Relations Act, and dozens of changes and resolutions of Government provisions and the Department of Labour often contradict each other.
 
But the Labour Law for Managers Loose Leaf Service provides quick access to comprehensive and professional information about labour legislation. Get the Labour Law for Managers Loose Leaf Service today - and we'll keep you updated with the latest changes happening in the labour legislation
 
***********************************


Here's what the Department of Home Affairs did to dismiss an employee for lying on his CV correctly

 
  1. The department held a fair disciplinary hearing; and
 
  1. It also had proof that the employee didn't tell the truth in his CV.
 
You must get this right as well if you want to correctly dismiss an employee for lying on his CV.
 
While the department did eventually win its case, it could have avoided this whole situation by doing background checks.
 
The reality is they found the lie after making the appointment. They should have done a background check and qualification verification before hiring.
 
Don't make the same mistake. Remember, prevention is better than cure.
 
PS: For more information on dismissals, check out You're fired!' Your guide to substantively and procedurally fair dismissals.
 


Related articles




Related articles



Related Products



Comments
0 comments


Recommended for You 

  Quick Tax Solutions for Busy Taxpayers – 35 tax answers at a glance



Here are all the most interesting, thought-provoking and common tax questions
asked by our subscribers over the last tax year – everything from A to Z!

To download Quick Tax Solutions for Busy Taxpayers – 35 tax answers at a glance click here now >>>
  Employees always sick? How to stop it today



Make sure you develop a leave policy to regulate sick leave in your company.

BONUS! You'll find an example of the leave policy and procedure in this report.

To download Employees always sick? How to stop it today click here now >>>
  Absenteeism: Little known ways to reduce absenteeism



This FREE e-report will tell you how you can reduce absenteeism in your workplace while avoiding the CCMA and without infringing your employees' labour rights.

To download Absenteeism: Little known ways to reduce absenteeism click here now >>>
  7 Health & safety strategies to save you thousands



Don't let a health and safety incident cost you one more cent. Implement these seven
strategies in your company today.

To download 7 Health & safety strategies to save you thousands click here now >>>