New case shows how ‘propping up’ your CV in South Africa can lead to big trouble
A new legal case in South Africa shows that, even if an employee’s legitimate qualifications meet the requirements for the job they’re hired for, if they lied on their CV or misrepresented their memberships and associations, it’s a dismissable offence.
The case in question relates to a municipality in the country that hired a new chief financial officer.
The CFO went through the application process, submitted his CV and went through the whole recruitment process before being ultimately appointed to the position.
In and during 2018, the municipality conducted a forensic investigation into the employee’s qualifications.
It then emerged that the employee, so it was contended, misrepresented his qualifications and professional memberships in his CV.
The municipality subsequently instituted disciplinary action against the employee on the grounds of gross dishonesty. A disciplinary hearing was held, where the employee was found guilty as charged and was dismissed.
However, the employee in question did not agree with the dismissal, arguing that they fully met the requirements for the job.
The discrepancies were as follows:
- The CV claimed that the employee had a BCom Accounting degree from the University of Durban Westville. In reality, this was only a BCom degree.
- The CV claimed that the employee had an Honours Degree in Generally Recognised Accounting Practice from the University of Stellenbosch. In reality, this was not an honours degree but an executive short course with a NQF 8 recognition level.
- The CV claimed that the employee had memberships with the Institute of Internal Auditors of South Africa, entitling the use of the title General Internal Auditor. In reality, the employee had previously terminated this membership and could not use the designation.
- The CV claimed that the employee had been a Registered Accounting Officer with the Institute of Administration and Commence. In reality, the employee had not been a registered Accounting Officer with the IAC since 2008.
In a notable twist in the case, the Commission for Conciliation Mediation and Arbitration (CCMA) actually sided with the employee.
This was on the basis that, despite the misrepresentations and propping up of the qualifications in question, the employee was still qualified for the position they were hired for.
The forensic investigator from municipality acknowledged this, noting that the employee “met the general requirement for the position as CFO”. However, they argued that the misrepresentations on the CV made the employee stand out.
The employee conceded the inaccuracies in the CV but attributed it to “error”, not dishonesty, and maintained that they were qualified for the position, regardless.
The CCMA declared the dismissal unfair and ordered that the CFO be reinstated with a backpay of over R2 million.
However, the municipality disagreed with the ruling and took the matter to the Labour Court for review.
The Labour Court held a very different view to the CCMA – specifically, the cause for the dismissal.
Ultimately, the CFO wasn’t dismissed because they were unqualified for the position, but rather because they were dishonest, the Labour Court said.
The Labour Court stated that the true nature of the enquiry was not whether the employee met the requirements for the position that they applied for, but rather, whether they were grossly dishonest when they presented themselves as the holder of degrees and professional memberships, which they did not possess.
Furthermore, the court was not swayed by the employee’s argument that they had made an error when reflecting qualifications and memberships in the CV.
Rather, upon consideration of various application judicial authorities, the court found that the employee was grossly dishonest and that this warranted dismissal.
Commenting on the importance of the case, Jacques van Wyk and Andre van Heerden, Directors at Werksmans Attorneys, said that this is the latest in a long line of cases showing that employees simply cannot misrepresent themselves on CVs.
The act of lying on a CV is a serious offence in and of itself, they said.
“This is regardless of whether the employee met the requirements of the post, or not. The fact is that whether or not the employee meets the minimum requirements of the post does not detract from the dishonesty of misrepresenting one’s qualifications.”
Furthermore, the legal experts said that employees should be aware that aside from being dismissed, the lying on a CV can potentially lead to further legal consequences – such as being found to have committed a criminal offence.
“Employers are also reminded of the importance of the need to verify all qualifications and professional memberships employees record in their CVs.”
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