Employment Document Forgery - What employer should do?

-

Today, I wanted to bring up this topic here as am facing many proxies in the interview and also there are many fake certifications, Pay slips, and Experience certificates sometimes edited PF snapshots is being produced by some of the candidates to the companies. 

As am into the recruitment business, I had handled with various candidates who have done these activities and clients simply rejected them. In some of the cases, its known only after few months are years.

There are few ACTs applicable for the employer to take action, if they are officially employed with the organisation.




Following an article on the business daily that cited job loss by civil servants due to the presentation of fake certificates; I thought these weeks we would delve into a few insights on the presentation of fake certificates to employers:

Obtaining employment or even a promotion by presentation of fake or altered certificates places an employer at an obligation to prove both criminal involvement (forgery or alteration of documents) and adherence to disciplinary procedure. 

Fraudulently misrepresentation of one's academic grades is an act of dishonesty and amounts to a valid and fair reason that justifies summary dismissal from service;

Presentation of fake academic certificates falls within the ambit of a myriad of criminal offences. The best examples would be the offence of forgery under the Penal Code and (in the instance of a secondary school certificate)the KNEC Act and therefore an employee can be charged for these offences in court;

Under Section 44(4) (g) of the Employment Act, an employer is entitled to summarily dismiss his employee if: “an employee commits, or on reasonable and sufficient grounds is suspected of having committed, a criminal offence against or to the detriment of his employer or his employer’s property.”

In determining the validity of an academic certificate; the employer may contact the issuing institution for verification of the details of the certificate and authentication; Fadhil Juma Kisua v Kenya Ports Authority [2016] eKLR

Where an employee is suspected to have presented fake certificates or misrepresented their academic grades or any other documents related to employment to an employer, they should be served with a Show Cause letter stating the offence in respect of which the employer is contemplating punishing them and the employee should respond to the letter;

 The employee then reserves the right to be invited to a personal hearing and informed of their right to be accompanied to the hearing by a fellow employee or union official of their choice.

The employer should consider the employee's defence and either accept it or dismiss it as unsatisfactory; subsequently, the employer should reserve the right to appeal; David Mwambi Matambo v Kenya Ports Authority [2017]

An employee who has forged their academic records cannot be granted the relief of reinstatement especially where they obtained a higher cadre job that they are not qualified for. 

Secondly, employees who have committed the offence of fraud and/or forgery against their employers by presenting fake academic Certificates that enabled them to secure employment cannot be reinstated;

The biggest takeaway is that even in such cases the employer had no right to dismiss the employee without first inviting them to a disciplinary hearing as contemplated by section 41 of the Employment Act. 

A good place to start would be to encourage employees to register with the Kenya National Qualifications Authority for educational verification and other documents can be verified by the HR directly with the previous organisation, who have a system that allows employees to create profiles and upload academic certificates thereon. This ensures that the Qualifications are validated by the authority to be Authentic and Genuine. 

Reference link on the real cases: 

https://www.hrkatha.com/legal/no-mercy-for-employees-submitting-fake-documents-delhi-high-court/

Comments

Post a Comment

Popular posts from this blog

Have you completed 5 years of experience in your current company? then you must know this...

-
Image
In India, the Payment of Gratuity Act, 1972, governs the payment of gratuity to employees. The Act applies to establishments employing ten or more persons and is designed to provide a monetary benefit to employees for their long and continuous service to the organization. Key provisions of the Payment of Gratuity Act, 1972: Eligibility: Employees who have completed at least five years of continuous service in an establishment are eligible to receive gratuity. However, certain exceptions apply in case of death or disability. Calculation of Gratuity: The gratuity amount is calculated based on a formula: (Last drawn salary * 15 / 26) * Number of years of completed service Maximum Limit: As of my last knowledge update in January 2022, the maximum amount of gratuity payable under the Act is Rs. 20 lakhs. Payment Events: Gratuity is payable on the employee's retirement, resignation, superannuation, or death. In the case of death or disability, the five-year eligibility criterion is waive...
Read more

Which option is more advantageous: working as a contractor or as a full-time employee?

-
Image
 The decision between working as a contractor or a full-time employee depends on individual preferences, career goals, and the specific circumstances of the job and industry. Both options have their advantages and disadvantages: Contractor: Advantages: Flexibility : Contractors often have more flexibility in terms of work hours and locations. Varied Projects: Contractors may work on different projects with various clients, gaining exposure to diverse experiences. Higher Earnings: Contractors may have the potential for higher hourly rates, and they can negotiate project-based compensation. Disadvantages: Uncertain Income: Contractors may face periods of unemployment between contracts, leading to income uncertainty. No Benefits: Typically, contractors do not receive employee benefits such as health insurance, retirement plans, or paid time off. Limited Job Security : Contract positions may be temporary, with no long-term job security. Full-Time Employee: Advantages: Job Security...
Read more

Why companies should cross-train the recruiter/ HR for effective recruitment?

-
Image
 Cross-training recruiters can be highly beneficial for effective recruitment in several ways: Versatility: Cross-training equips recruiters with skills in various aspects of the recruitment process. This versatility allows them to handle different roles, positions, and challenges within the organization. Workload Distribution: In a dynamic recruitment environment, there may be fluctuations in workload and priorities. Cross-trained recruiters can seamlessly step in to assist with urgent tasks or handle specific responsibilities during peak periods. Faster Response Time: With cross-trained recruiters, there's a reduced dependency on specific individuals for particular tasks. This can lead to faster response times in handling candidate inquiries, interviews, and other recruitment-related activities. Enhanced Collaboration: Cross-training fosters collaboration and teamwork among recruiters. When team members understand each other's roles, they can collaborate more effectively and ...
Read more