Falsified qualifications

Over the years numerous news headlines have brought to our attention high-profile individuals who had claimed to have certain qualifications, only for it to be discovered later that these are fake.

If the individuals did not misrepresent the acquisition of the qualification, it is often seen that the qualification and/or institution is overstated. This is not only high-profile individuals but can be found in everyday businesses. This deceitful practice undermines the trust between employers and employees, compromising the nation's development.

Falsified qualifications have become alarmingly prevalent in South Africa. With a high demand for jobs and limited opportunities, some individuals resort to fraudulent means to secure employment. This unethical behaviour has far-reaching consequences for both individuals and society as a whole.

For employers, hiring individuals with falsified qualifications can lead to poor performance, misrepresentation, and a waste of valuable resources. Individuals who have genuinely earned their qualifications also suffer, as their hard work and efforts are devalued by the presence of fraudulent counterparts.

In most cases, when it is discovered that an employee misrepresented their qualifications, they are charged with dishonesty. This is due to the act and/or omission perpetrated by the employee, causing a break in the trust relationship. As such, these charges almost always lead to dismissal.

For the most part, the CCMA, Labour Court (LC) and Labour Appeal Courts (LAC) have ruled this dismissal to be substantively fair. These institutions mainly agree that the misrepresentation gives the accused an unfair advantage over other applicants.

The case between Boss Logistics v Phopi (2010) 31 ILJ 1644 (LC), includes precedent that the employer has no obligations to train or council an employee if their poor performance is due to misrepresentation of the required qualifications. De Swardt AJ said “Moreover, if an employer would, in such circumstances, be required to provide counselling, assistance and / or training to the deceitful employee, it would mean that the employee would in fact be rewarded for his / her dishonesty or deceit while the employer would be penalized.” (p 1652)”.

Some other interesting case law showed the following principles:

The Courts found that the appointment of individuals, whether based on qualifications or not, was not the deciding factor as to the sanction of dismissal. Simply put, this means that the mere act of dishonesty was enough for a dismissal to be substantively fair.

It cannot be argued that the employer could easily have verified the qualifications if they wished. In the case between Rainbow Farms (Pty) Ltd v Dorasamy NO (2014) 35 ILJ 3462 (LC), it was found that it was the duty of the employee (or applicant) to ensure the representations they make are true and accurate.

Any disciplinary enquiry must be based on its own merits. That said, similar transgressions should in most circumstances have similar outcomes to avoid any form of biasness, favouritism, or inconsistent application of the rule. The use of a sanction guideline or disciplinary code will help the employer determine the seriousness of a transgression, whereafter the aggravating and mitigation factors must be considered before a sanction is imposed.

In addition to adherence to South African Labour laws, several cases have indicated that the South African authorities take the issue of fake qualifications seriously, leading to criminal charges, fines, and potential imprisonment for those found guilty of fraudulent practices. Some examples of individuals who were charged with fraud and similar charges include The South African Qualifications Authority (SAQA) vs. Ronald Benjamin (2006), Limpopo Education Department Fraud Case (2011) large scale fraud, and The State vs. Santie Botha (2014).

Remember, it is essential to consult with legal professionals or HR experts familiar with South African labour laws to ensure that the disciplinary process follows all relevant legal requirements and procedures.

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