Dismissal for misrepresentation of qualifications or job related attributes

In the case Hoch v Mustek Electronics (Pty) Ltd (2000) 21 ILJ 365 (LC) at 372, the employee dishonestly misrepresented her qualifications when she applied for a position. In evidence before the court the employer indicated that he would not have employed the applicant had he known about the dishonesty in order to boost her curriculum vitae.

The court found that the dishonesty goes to the heart of the employer-employee relationship, specifically the relationship of trust. The employee’s insistance that she had the specific qualification irreparably damaged the relationship through the repeated insistance. Dismissal would be an appropriate sanction.

The case Mlotshwa / SABC (2) [2002] 12 BALR 1296 (CCMA), applied the principle that misrepresentation relating to qualifications or job specific attributes will damage the employer-employee relationship irreparably and dismissal will be an appropriate sanction.

In the article Don't lie in desperation to get your dream job
Natalie Fraser, The Star, 25 January 2008, gives advice to employees not to lie when applying for a position.

Editor