Code of Good Practice on the Integration of Empl Code of Good Practice on the Integration of Employment Equity into Humanoyment Equity into Human

Resource Policies and Practices: Part 5

Contact for parts 1-4

 

We now take a look at the actual job offer. Before this offer is committed to paper, the employer must make certain that his expectations and the employees expectations are agreed.

There is no point in making a job offer to a candidate who has revealed at the interview that his expectations differ from those of the employer – or that he has expectations that the employer cannot provide.

Such an employment relationship will never last.

 

Expectations must agree for several reason, and one of the important reasons is that of employee retention. No employer desires a high staff turnover.  The idea is to have a stable workforce, and the employer needs to employ people who are going to stay – "job-hoppers" are of no use to anybody – not even to themselves.

If a candidate rejects a job offer, the employer should solicit the co-operation of that candidate and conduct an "exit" type interview to try and establish the reasons for the rejection of the offer.

Obviously the candidate must have been interested, or he would not have applied for the job.

What then has noe persuaded him to change his mind ?

 

The information obtained in this "exit" type interview could be of great importance to the employer.

It is essential that it is made clear to the candidate what the employers expectations are.

Employers are expected to keep copies of all documents used in the recruitment and interview/selection process for a "reasonable" period of time.

As is expected, in keeping with established good practice, the Code does not define the meaning of "reasonable."

Presumably then it is left to the employer to decide.

 

It is important to keep these records in case another employee or indeed the candidate himself should, at a later stage, challenge the fairness of the recruitment and selection processes.

Reference checking is another area that requires special attention. The idea of this function is to verify information provided by the applicant on the job application form or at the interview process.

Reference checking must not be carried out in a manner that unfairly discriminates. The same checks must be done on all short-listed applicants.

An employer should only conduct integrity checks if it is relevant to the job. Such checks would include credit references ot checking of credit records, checking criminal records, checking of driver's license validity,  and so on.

For further information, contact

Case Law Summaries and Articles

 

Can employees be dismissed for refusing to accept new terms and conditions of employment?

Can an employer dismiss employees because they refuse to agree to a change to their terms and conditions of employment? An initial answer may be, “yes”.

Read More >>>

 

Escape route: “Resignation with immediate effect”

The latest case in the ‘disciplining employees who have resigned with immediate effect’ saga has brought about more uncertainty as to whether an employee who resigns with immediate effect shortly before a disciplinary hearing can avoid disciplinary action and subsequent dismissal.

Read More >>>

 

Freedom of expression or incitement to commit an offence? A constitutional challenge

On 4 July 2019, the North Gauteng High Court handed down judgment in the case of The EFF and other v Minister of Justice and Constitutional Development and other (87638/2017 and 45666/2017) in which the EFF and Julius Malema (the applicants) sought to have s18(2)(b) of the Riotous Assemblies Act, No 17 of 1956 (Riotous Act) declared unconstitutional.

Read More >>>

 

Consolidated, comprehensive or general final written warnings

Regarding dismissal, according to the Code of Good Practice, “the courts have endorsed the concept of corrective or progressive discipline. This approach regards the purpose of discipline as a means for employees to know and understand what standards are required of them.

Read More >>>

 

 

 

 

 

 

Courses and Workshops

 

                                         

 
 

Shop Steward Training

28 August 2019

Emperors Palace Convention Centre

Employment Equity Committee Training

29 August 2019 (Fully Booked)

Tsogo Sun: Century City: Cape Town

30 August 2019

Tsogo Sun: Century City: Cape Town

27 September 2019

Emperors Palace: Convention Centre

04 October 2019

Southern Sun: Maharani: Durban

Basic Labour Relations

04 September 2019

Emperors Palace: Convention Centre

Compensation for Occupational Injuries and Diseases Course

12 September 2019

Southern Sun: Maharani Towers: Durban

The OHS Act and the Responsibilities of Management

13 September 2019

Southern Sun: Maharani Towers: Durban

19 September 2019

Emperors Palace: Convention Centre

28 November 2019

Protea Hotel By Marriott Tyger Valley: Cape Town

Managing Day to Day Issues/ Problem Employees Full day workshop

20 September 2019

Emperors Palace: Convention Centre

27 September 2019

Tsogo Sun: Century City: Cape Town

AARTO and the Impact on Your Business

03 October 2019

Emperors Palace Convention Centre

Hazard Identification & Risk Assessment Course

18 October 2019

Emperors Palace: Convention Centre

21 November 2019

Tsogo Sun: Century City: Stay Easy: Cape Town

Workshop Incident/Accident Investigation Course

25 October 2019

Emperors Palace: Convention Centre

22 November 2019

Tsogo Sun: Century City: Stay Easy: Cape Town

  

 Our Clients