Labour Court Upholds Dismissal Over Dishonesty in Promotion Interview

In Hlangana v South African Local Bargaining Council and Others (C279/2024) [2026] ZALCCT 28 (20 February 2026), the Labour Court had to rule on whether the employee’s dismissal was substantively and procedurally fair.

The employee was appointed as Head of Communications in the City’s Development Management Department following a Skype interview in 2022. The department oversees land use and building plans affecting approximately 900,000 properties.

During the interview, he was asked whether he had ever been found guilty of departmental or disciplinary misconduct, or whether he was currently facing any disciplinary action. He answered “no”. He was subsequently appointed to the post with effect from 1 June 2022.

In March 2023, after concerns arose about his performance, the department’s director made enquiries about his previous employment record. It emerged that the employee had previously been sanctioned for misconduct, including two findings of plagiarism. Disciplinary charges were instituted against him for dishonesty and misrepresentation during the promotion interview. He was dismissed.

The employee referred an unfair dismissal dispute to the South African Local Government Bargaining Council. The Arbitrator found that he had deliberately misrepresented his disciplinary history and upheld the dismissal.

The Arbitrator rejected the employee’s defence that he had only understood or answered the second part of the interview question — namely, whether he was currently facing disciplinary proceedings — and not the part relating to past misconduct. The Arbitrator found this explanation lacked credibility, particularly given the employee’s communications background and senior position. He concluded that the question was clear and that a truthful answer would have materially affected the outcome of the interview.

The Arbitrator also accepted evidence that integrity was critical in the department and that dishonesty was treated with zero tolerance. He held that trust is fundamental to the employment relationship and that dismissal was an appropriate sanction.

The employee approached the Labour Court to review and set aside the arbitration award. He argued that the Arbitrator had erred by refusing to allow him to call a linguistic expert to explain the “two-part” nature of the question and that dismissal was disproportionate.

The Court held that the linguistic issue was not complex and fell within the Arbitrator’s competence. The refusal to hear expert evidence did not amount to a reviewable irregularity.

On sanction, the Court acknowledged that no financial or reputational loss had been suffered by the City. However, it found that the misrepresentation was material: had his disciplinary record been disclosed, he would not have been appointed. The fact that the misconduct only came to light after performance concerns did not undermine its seriousness.

The Court held that the award was one which any reasonable arbitrator would reach. The review application was dismissed. No order as to costs was made.

https://www.youtube.com/watch?v=rS0Eh8sQXLw

This article is for informational purposes only and does not constitute legal advice. For specific legal guidance on protected disclosures, employment practices, or compliance obligations, consult a qualified labour law practitioner.

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