Gavin Stansfield | Director: Employment Practice | firstname.lastname@example.org
Zola Mcaciso | Associate: Employment Practice | email@example.com |
Cliffe Dekker Hofmeyr | https://www.cliffedekkerhofmeyr.com/ |
The case of LTE Consulting (Pty) Ltd v Commission for Conciliation, Meditation and Arbitration and Others (JR1289/14)  ZALCJHB 291 (8 August 2017) dealt with misrepresentation in a CV.
The employee in this case employed in the position of financial manager in 2009 was charged in 2013 by his employer, LTE Consulting (Pty) Ltd for having misrepresented his qualification in his CV at the time of his appointment. The employee was dismissed for gross dishonesty following a disciplinary inquiry.
At the time of his appointment, the employee was 82 years’ old which was way past the company’s retirement age of 65. Prior to being offered the position of finance manager, the employee was offered a 5-month fixed term contract as assistant company secretary, an offer he refused.
The employee was then re-offered the position of company secretary on a permanent basis, which he again refused. It was in the process of considering these offers that the company came across the employee’s CV. Certain qualifications that were listed in his CV were missing from his file, these were a CA(SA) qualification and an MBA from Wits.
At the CCMA arbitration, the company testified that during the interview, the position was heavily contested as there were two other candidates but the employee was the preferred candidate based on his tertiary qualifications, as reflected in his CV; as well as his job knowledge. He scored high for formal qualification on his interview score cards with written annotations.
The employee admitted that he did not have the qualifications in question, however, he had similar qualifications that were the equivalent to the outstanding qualifications. The employee testified that he wrote an examination for B.Com first year accountancy, which is equivalent to a Chartered Accountant degree. He argued that equivalent certificates and diplomas were often better than degrees and that his impression was that a very few people knew this. He further alleged that the company had been trying to put him in a position to force him to retire since he was beyond the company’s normal retirement age, and that is why they come up with “all these stupid things”.
Failed to prove
The employee’s representative further argued that…
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Read this article by Gavin Stansfield, Director: Employment Practice and Zola Mcaciso, Associate: Employment Practice, Cliffe Dekker Hofmeyr as well as a host of other topical management articles written by professionals, consultants and academics in the October/November 2017 edition of BusinessBrief.
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