The applicant then referred a dispute of unfair dismissal to the CCMA. A witness for the respondent testified that at the interview, he did ask the applicant the reason why he had left his previous employment, and the applicant had answered that he was looking for better opportunities. Under cross-examination, witnesses for the respondent confirmed that the applicant had the opportunity to disclose the fact that he was dismissed from Impala, but failed to do so.
For various reasons, it was held that there were procedural defects regarding the procedure followed by the employer prior to dismissing the applicant.
In other words, the arbitrator ruled that the dismissal was procedurally unfair but substantively fair. The substantive reason for the dismissal was a fair reason - namely the reason for the dismissal was because the applicant had failed to disclose vitally important information regarding the termination of his employment with his previous employer. Despite the fact that the arbitrator found that the dismissal was procedurally unfair, he did not award any compensation to the applicant for procedural unfairness.
In other words, said the arbitrator, against this background the applicant is the architect of his own fate, and therefore is not entitled to any compensation. This matter must have consumed a large amount of the employer's time and resources, considering the interview process, the administrator of procedures to be adhered to in employing somebody, then the dismissal, CCMA conciliation, CCMA arbitration and probably a bit more.
The decisions in these cases mean that employers must:. The EEA applies to employees, employers and applicants for employment.
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This Act prohibits unfair discrimination on listed grounds such as sexual orientation, religion and disabilities. The Act further states that it is not unfair to distinguish, exclude or prefer any person on the basis of an inherent requirement of a job, meaning that we may ask applicants to disclose information in order to determine their suitability for a specific position.
It is also evident that it is not prohibited to ask applicants about their past criminal records since the Act does not mention criminal records as a form of discrimination. Employers are however advised to tread carefully when it comes to criminal records. It would be unfair to take a past criminal record for a minor offense into consideration when there is no such inherent requirement associated with the position.
In such cases the applicant may have a case of unfair discrimination.
How To Get Serious About Employee Background Checks
Medical testing of applicants are prohibited unless legislation permits or requires such testing or it is justifiable in the light of medical facts, employment conditions, social policy, the fair distribution of employee benefits or the inherent requirement of a job. Psychometric testing and other similar assessments are prohibited unless the test or assessment has been scientifically shown to be valid and reliable, can be applied fairly to the employees and is not biased against any employee or group.
For more 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? Freedom of expression or incitement to commit an offence?
A constitutional challenge.
What Shows Up On An Employment Background Check | TransUnion ShareAble For Hires
Consolidated, comprehensive or general final written warnings. This approach regards the purpose of discipline as a means for employees to know and understand what standards are required of them. The edition of the Labour Law and Employment Manual is now available click here for more information. Managerial and Leadership Skills. Emperors Palace: Convention Centre. Employment Equity Committee Training. Our Clients. Also ask about criminal records and other factors that are inherent to the position.
Matters become more complicated when the employer failed to ask these questions and later attempts to dismiss employees for misrepresentation or operational reasons. Labour Guide. All Rights Reserved. Desktop Version. Sort out your CV Your CV is the first impression that prospective employers will get from you, it is, therefore, vital that you deliver the best CV that you can. Create a logical structure for your CV, make sure it contains all the relevant information, showcase all your relevant qualifications and experience, get someone to proofread your CV. Spelling and grammatical errors can result in recruiters and potential employers binning your CV very quickly.
It's highly likely that you can approach your student institution for assistance with compiling and editing your CV. Search for opportunities Job hunting is typically that, a hunt. When looking for a job, keep your eyes and ears open for opportunities, network, and do your research. There are many useful professional organisations you could join, which provide networking events, industry news and the possibility of finding..
Fraud and Corruption — what is the effect on future employment opportunities? Fraud and corruption are hot topics when it comes to the world of business and governance in South Africa, with employment an important issue in the debates surrounding these issues.
With corruption rampant and financial security threatened, it remains critical to assess and evaluate how corruption and fraud can influence our businesses and future employment opportunities. Fraud within government sectors should also not be overlooked, because when corruption and fraud affect the government, it can have widespread effects on businesses.
Service delays, lack of essential services, untrustworthy officials and poor infrastructure can all influence sectors of the financial environment. Recruitment freezes or retrenchments As companies experience losses due to fraud and corruption, it inevitably leads to budget cuts, often focused on the employees.
This can lead to retrenchments or the freezing of the recruitment process. Fewer investments When a business or country is perceived to be corrupt or fraudulent, it is likely to influence the investment opportunities for that entity.
Corruption, or even rumoured corruption, can lead to shareholders losing trust in the business and dissuade.. All You Need to Know about Social Media Background Checks There is no doubt that the new digital age is reshaping our future and the future of the workplace. Not only are people extremely reliant on technology, but social media and the Internet have become very big factors influencing searches in the job market. With over 3 billion people using social media worldwide, social media background checks are becoming more and more prevalent.
It appears as if they are going beyond merely contacting references.
In some cases, the information obtained from social media platforms, such as Facebook and Twitter, has been used for firing existing employees or prevented the hiring of certain new candidates. There is not a shadow of a doubt that the exploding use of social media has put a large amount of interesting information in the public eye. A legitimate reason to use the web for background checks is to see how applicants present themselves to the public. Although some people believe that the private life of a potential employee should not interfere with their professional life, most HR or managers have..
Are Reference Checks Important for Employers? There have been many recent, controversial discussions surrounding references on CVs.
Restrictions on Criminal Record Checks
A reference check is when an employer contacts a job applicant's previous employers, colleges and other sources to learn more about his or her employment history, educational background and qualifications for a job. They help to uncover how a candidate performs in the workplace as well as the management style that can be used with the employee to achieve the best results. You absolutely should do them. It appears as if the consensus amongst career experts is that checking references is an essential multi-purpose activity with numerous benefits.
Having an effective process for checking references may accomplish one of two things: It may reassure the hiring manager of the positive things that he or she already knows about the applicant; or It may uncover things about a potential applicant that the hiring manager did not know and that may prove..
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A study done by Fierce Inc, a global leadership development and training company, shares the three common fears faced by employers when it comes to offering a sabbatical. Productivity will most likely suffer if there is not a strong remaining workforce or a lack of effective delegation. Cost Sabbaticals can be rather costly for businesses.