- 公司进行了内部调查后，他们相信Li该员工并没有秘书文凭。 员工在show cause letter 中也承认本身实际上并没有这个文凭。公司之后将她解雇。
Employees Asserts She has an Academic Qualification Which, In Fact, She Did Not Complete
- A job applicant(Lim) applied for a job as Personal Assistant, one of the requirements for which was the possession of at least a Professional Certificate in Secretarial Courses, Business Administration or related discipline. The applicant’s resume and the application form she completed stated that she possessed a Diploma in Social Sciences and a Diploma in Executive Secretaryship.
- Seven years later, the employee had been promoted to Assistant Manager, the employer’s HR Department sent an e-mail to all staff stating that it will be conducting an educational verification for all its permanent employees. In the same e-mail, they also require the employees to provide a copy of their education certificates to the Company in the event the HR was unable to retrieve these from their personal files.
- As the HR Department could not find Lim’s educational certificate in her file, they requested her to provide a copy. She did not do so.
- An internal investigation was conducted which led them to believe Lim did not have a Diploma in Executive Secretaryship. She was issued with a show cause letter to which she replied admitting that this was true. The employee was then dismissed.
- The Court said, “It is an established principle of law that misrepresenting one’s qualification in a CV and an application form is a serious misconduct which warrants a dismissal.” The Court found that the employee had willingly intended to deceive the Company.
- The dismissal was upheld by the Industrial Court.
- Employee Misconduct, CLJ Publication
- LIM PHOOI MAN AND SAMSUNG MALAYSIA ELECTRONICS (SME) SDN. BHD. AWARD NO: 1134 OF 2019
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