Lying or Cheating in your Resume or CV
In today’s competitive job market, it is not uncommon to encounter individuals who embellish their resumes to secure a desired position. However, when an employer discovers that an employee has lied on their job application, what are their options, and is this considered just cause for termination? The Industrial Court of Malaysia recently addressed these questions in two cases, both involving the same Employee. These cases serve as a crucial reminder to both employers and employees about the importance of honesty and trust in the employer-employee relationship. In this blog post, we will delve into these cases and examine the court’s findings, which emphasize the consequences of “resume fraud” or “application fraud.”
Consequences?
A crucial question that often arises in the employment context is whether an employer has the right to dismiss an employee who has been found to have cheated on their resume, and if such a dismissal would be deemed as unfair.
In two recent cases, Khoo Kim Loang v. Shock Media Studio Sdn Bhd (2018) and Khoo Kim Loang v. Kim Siah Electric Co Sdn Bhd (2018), the Industrial Court considered the issue of employees lying on their job applications and whether this constitutes just cause for termination.
In the Shock Media Studio case, the court found that the Employee had lied on his resume, resulting in a breach of trust and justifying the termination of the employment contract. The court issued a warning to employers to be aware of incidences of “resume fraud” or “application fraud.”
In the Kim Siah Electric case, the court similarly found that the Employee had misrepresented his work experience and past salary, leading to a lack of trust and confidence in the Employee. The court held that the dismissal was with just cause and excuse. In both cases, the court found that the misconduct was serious enough to justify immediate dismissal without the need for a domestic inquiry.
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