A CV is often a candidate’s first opportunity to make a positive impression. It tells the story of their career, qualifications, achievements and experience, and forms the foundation of many recruitment decisions.
But what happens when that story is not entirely accurate?
In a competitive employment market, some candidates feel pressure to make their CV stand out. A qualification that is still in progress suddenly appears as completed. An acting management position becomes a permanent appointment. Employment dates are adjusted to hide a gap. A professional registration that has lapsed remains listed.
To the candidate, these may seem like minor adjustments designed to improve their chances of securing an interview. To an employer, they can amount to deliberate dishonesty. And under South African law, the consequences have become increasingly serious.
Today’s recruitment market is highly competitive. Many vacancies attract hundreds of applications, and candidates naturally want to present themselves in the best possible light.
The reality, however, is that most employers are not looking for perfection. They understand that careers are rarely linear. Qualifications take time to complete. Career breaks happen. People change industries, relocate, care for family members or take time out to study further.
These are conversations that experienced recruiters and employers have every day. What is far more difficult to explain is why information on a CV was deliberately misrepresented. And it is that deliberate misrepresentation that creates lasting professional and legal risk for candidates.
Background screening continues to identify discrepancies during thousands of verification checks each year. According to MIE’s 2025 Background Screening Index, qualification discrepancies remain one of the more common findings during pre-employment screening.
These statistics relate only to candidates whose credentials were formally verified, but they reinforce an important message: CV misrepresentation is not a rare edge case. For employers, this highlights the importance of verifying information rather than assuming it is accurate. For candidates, it serves as a clear reminder that information presented on a CV is increasingly likely to be checked.
The days of unverified CVs sailing through recruitment processes largely unchallenged are coming to an end. Verification tools, background screening providers and professional registration databases have made it easier than ever to confirm whether a candidate’s stated qualifications, experience and memberships are accurate.
South African courts have consistently recognised that honesty lies at the heart of the employment relationship. Where an employee deliberately misrepresents qualifications or experience to obtain employment, the Labour Appeal Court has repeatedly confirmed that dismissal may be fair, because the dishonesty destroys the trust that is essential to the employment relationship.
Three important decisions illustrate how courts have approached this issue.
An employee falsely claimed to hold a university degree when applying for employment. The Labour Appeal Court found that the dishonesty struck at the heart of the trust relationship and upheld the dismissal. The Court confirmed that the misrepresentation itself justified dismissal, irrespective of the employee’s subsequent work performance.
The Court confirmed that employers are entitled to rely on the truthfulness of information presented during the recruitment process. Deliberately misrepresenting qualifications in order to secure employment constituted serious misconduct that justified dismissal.
The Labour Appeal Court reaffirmed the same principle. The Court emphasised that honesty and integrity during the recruitment process are fundamental and that employees who obtain employment through material misrepresentation cannot expect the employment relationship to remain one of trust. Perhaps the most important lesson from these decisions is this: good performance does not erase the original dishonesty. An employee may perform successfully for several years, but if it later emerges that employment was obtained through deliberate misrepresentation, the employer may still have fair grounds to terminate the employment relationship because the foundation of trust has been permanently compromised.
The legal consequences of qualification fraud now extend well beyond labour law.
Section 32B of the National Qualifications Framework Amendment Act 12 of 2019 makes it a criminal offence to falsely or fraudulently claim a qualification or part-qualification.
Importantly, the legislation extends beyond a traditional CV. It applies to false claims made through professional profiles, websites, social media platforms and any other representation relating to a person’s qualifications. This means a LinkedIn profile, a professional website or a submission to a professional body can all fall within the scope of the Act.
A person convicted under section 32B may be liable to a fine, imprisonment for a period not exceeding five years, or both.
While the employer verification obligation contained in section 32A(1) has not yet commenced, the commencement of section 32B demonstrates the legislature’s clear intention: to protect the integrity of South Africa’s qualifications framework and to deter qualification fraud at source.
For employers, the message from both the courts and the legislature is clear.
Qualification verification should not be reserved only for executive or senior appointments. Every recruitment process should include appropriate verification of qualifications, employment history, professional registrations and references before an offer of employment is made.
The cost of conducting these checks is almost always significantly lower than the financial, operational and reputational cost of employing someone who secured a position through dishonest means. Discovering a material misrepresentation after an employee has been in post for two or three years creates a difficult and often costly situation, even where the law provides a route to fair dismissal.
Employers who build verification into their standard pre-employment process reduce their exposure significantly. Working with an experienced recruitment partner who conducts structured candidate assessment and supports appropriate pre-employment screening adds an important additional layer of protection.
Candidates sometimes worry that admitting an unfinished qualification, explaining a career gap or acknowledging limited experience in a particular area will reduce their chances of success. The evidence suggests otherwise.
Most employers value honesty far more than a polished but inaccurate CV. An unfinished qualification can be explained. A career break can be discussed openly. Skills developed through practical experience are often just as valuable as formal qualifications, and in many cases more so.
What employers find far more difficult to accept is deliberate misrepresentation. The employment relationship is built on trust, and a CV that does not accurately reflect a candidate’s qualifications and experience does not simply reduce the chance of a successful appointment. In the current legal environment, it creates genuine criminal and professional risk.
In a recruitment environment where verification processes are becoming increasingly sophisticated and legal consequences increasingly significant, honesty is not simply the ethical choice. It is also the wisest long-term career decision a candidate can make.
At The HR Company, thorough candidate assessment is part of every recruitment process. We understand that placing the right person in the right role depends not only on skills and experience but on the integrity of the information on which placement decisions are made.
For employers in KwaZulu-Natal and across South Africa who want recruitment support that includes structured candidate assessment and guidance on pre-employment verification, we are here to help. Get in touch to find out more about how we work.
