Code of Good Practice on the Integration of Employment Equity into Human: Part 5

Contact for parts 1 -4

Resource Policies and Practices.


 The Code lays down guidelines for recruitment and selection. Bear in mind that all this is related to your employment equity plans, including affirmative action, and the objective is the elimination of barriers that constitute an unfair discrimination to the designated group.


One of the barriers in the recruitment process is the inability to attract sufficient numbers form the designated groups. Attracting as many applicants as possible from designated groups may provide the employer with a larger skills ppol from which to choose.


Employers should review the following practices:

[a] Advertising methods and headhunting – do you advertise only in a specific publication all the time ? It is accepted that for specific requirements, advertising may be restricted to certain industry specific publications, but that is the exception and not the rule. Advertise as widely as possible – including those publications whose readership is predominantly made up of the designated groups.

[b] The job application form – make sure that there are no discriminatory barriers (questions)  on the form and that the information required is job specific – exclude irrelevant questions and information.

[c] The short listing process – make sure that all applicants are considered, and that in selecting applicants for the short list, the same criteria are fairly applied to all applicants. Don't pick applicants for short listing in any arbitrary manner – make sure that the selection is based on sound judgment and rationale, and meaningful criteria  – and not by throwing darts at a dart board.

[d] Interviews – these must be conducted by the same panel for all the applicants selected for interview, and as far as possible the same questions must be put to each applicant. 

[e] job offers – be careful here – do not make any promises or offers that may lead the applicant to believe that "he has got the job."  Even a simple remark like "I think you are just what we are looking for" can create a wrong impression in the mind of the candidate – and be the cause of him resigning from his present job because, in his mind, you have created the expectation that "he has got the job." Make it clear to all applicants that the only valid job offer is a written offer on official company stationery and signed by the M.D. – or whoever.

[f] Record keeping – this is a vital part of the process – keep records of all interviews and the outcome of theose interviews. Make notes on each application form stating the reasons why that applicant was not selected.

Remember that many job applicants run to the CCMA with unfair dismissal disputes or unfair discrimination disputes when they don't get the job. Many applicants genuinely believe that the fact that they apply for the job entitles them to be employed – and when that does not happen, its off to the CCMA WE GO.


So the records are vital – keep them – you may need them. For further information, contact  –


Employment Equity

Equity downloads

Articles and other information: Equity


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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”.

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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.

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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.

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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.

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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


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