The crux of any relationship between and employer and employee would be of trust and confidence particularly of an employer towards any of its employee. This basic principle originates from the start of any employment when a prospective employee submits its resume and supporting academic qualification. An employer before arriving in its decision to hire any employee would undoubtedly be influenced heavily by the academic qualification of any prospective employee.
What happens when the unthinkable happens that the academic qualification of the once prospective employee and now employee of the company has been forged or falsified? The relationship of the now the employer and employee is now surely broken and what happens to the employment status of the employee? Would this act amount to a Minor or Major Misconduct?
The significance of whether this amount to a major or minor misconduct will determine the recourse that is to be taken by an employer. The nature of the act of using a fake degree or forged academic documents is nothing less than a fraudulent act. It can also further be construed as a fraudulent act by the employee to deceive, and mislead an employer to obtain an employment with the Company.
In KHOO KIM LOANG v. SHOCK MEDIA STUDIO SDN BHD [2018] 1 ILR 320 which dealt with a similar situation
The documentary evidence had shown that the claimant had submitted a false CV. The employer-employee relationship is built on trust and when an employer finds that the job has been granted to an employee based on fictitious information, this trust is automatically breached and the employer has every right to terminate the contract of employment. Thus, the termination of the claimant’s employment in the instant case, by the respondent company, had been justified and with just cause and excuse
The employer will no longer be able to continue the employment of such an employee if it is proven that the employee had used fraudulent document to seek employment as it is imperative that all employee must possess the trust and confidence of an employer and it is only reasonable to expect honesty and integrity from an employee.
Hence an employee by using a fake degree or by using a fraudulent document to secure an employment has not only committed major misconduct but invariably has destroyed the pivotal relation of trust and confidence between an employer and employee
Premjit Singh is the Managing Partner of Prem & Associates and he can be contacted at 012-5236755 or email to prem@premlaw.com
