South Africa Case Law

Lesedi Local Municipality v Mphele and Others (JR1546/20)

Lesedi Local Municipality v Mphele and Others (JR1546/20) [2023] ZALCJHB 183; [2023] 9 BLLR 939 (LC); (2023) 44 ILJ 1967 (LC) (13 June 2023)

Court

Labour Court Johannesburg

Case number

JR1546/20

Judge

Ford

The court found that the commissioner’s decision to reinstate Mphele was unreasonable and not supported by the evidence. Mphele misrepresented his qualifications and professional memberships in his CV, which constituted gross dishonesty. The commissioner failed to properly assess the evidential material and misconceived the nature of the enquiry by focusing on whether Mphele met the minimum requirements rather than the dishonesty itself. The court held that the misrepresentation undermined the trust relationship and justified dismissal. The arbitration award was set aside and substituted with…

Source excerpt

• Unfair Dismissal
• Dishonesty In Employment
• Review Of Arbitration Award
• Reasonableness Test
• Misrepresentation Of Qualifications

LTE Consulting (Pty) Ltd v Commission for Conciliation, Meditation and Arbitration and Others (JR1289/14)

LTE Consulting (Pty) Ltd v Commission for Conciliation, Meditation and Arbitration and Others (JR1289/14) [2017] ZALCJHB 291; [2017] 12 BLLR 1259 (LC) ; (2017) 38 ILJ 2787 (LC) (8 August 2017)

Court

Labour Court Johannesburg

Case number

JR1289/14

Judge

Myburgh

The court found that the commissioner’s decision was unreasonable. The employee was grossly dishonest in misrepresenting his qualifications, including claiming to be a chartered accountant, holding a B.Com, and an MBA, none of which he possessed. These misrepresentations were material to his appointment as financial manager and demonstrated a lack of integrity and remorse. The commissioner’s findings that the dismissal was a sham, that the misrepresentations were not material, and that the employee had equivalent qualifications were all unreasonable. The Labour Appeal Court precedents confirm…

Source excerpt

• Dishonesty In Cv
• Substantive Fairness Of Dismissal
• Review Of Arbitration Award
• Misrepresentation Of Qualifications

Burger v Strydom and Another (54112/2015)

Burger v Strydom and Another (54112/2015) [2016] ZAGPPHC 471 (19 May 2016)

Court

North Gauteng High Court, Pretoria

Case number

54112/2015

Judge

H Kooverjie

The High Court confirmed termination of a forensic investigator’s mandate in a children’s welfare dispute and ordered her to hand over all materials to a successor expert.

• Parental Responsibilities And Rights
• Termination Of Professional Mandate
• Access To Minor Children
• Forensic Investigation
• Misrepresentation Of Qualifications
• Family-law

BUFFALO CITY METRO V MANGASHE AND OTHERS (PA8/2014)

BUFFALO CITY METRO V MANGASHE AND OTHERS (PA8/2014) [2016] ZALAC 74 (3 May 2016)

Court

Labour Appeal Court

Case number

PA8/2014

Judges

Makgoka, Waglay, Coppin

The Labour Appeal Court held that dismissal for misrepresenting qualifications was substantively and procedurally fair, and that remittal for fresh arbitration was unnecessary.

• Misrepresentation Of Qualifications
• Procedural Fairness
• Substantive Fairness
• Arbitration Review
• Dismissal For Dishonesty
• Misrepresentation-of-qualifications

Hoch v Mustek Electronics (Pty) Ltd (J 499/98)

Hoch v Mustek Electronics (Pty) Ltd (J 499/98) [1999] ZALC 151 (1 October 1999)

Court

Labour Court

Case number

J 499/98

Judge

Basson

Labour Court upheld the dismissal of an employee who misrepresented her qualifications, finding the dishonesty destroyed trust and the procedure fair.

• Unfair Dismissal
• Dishonesty
• Misrepresentation Of Qualifications
• Trust Relationship
• Procedural Fairness
• Unfair-dismissal