DL4 - Managing Recruitment and Selection

Module 1 : DL4 - Recruitment and selection

DL04: Recruitment and Selection

The successful recruitment, selection and appointment of employees are the foundation of any successful business, regardless its size. Various pieces of legislation protect the rights of the job applicant, and the current amendments to Labour Legislation will have a direct effect on businesses, specifically labour brokers and temporary or fixed term employment contracts.

As part of a local or global economy, employers not only need access to the best candidates but also need to understand and apply the legal requirements from the moment it considers advertising the position until the parties sign on the dotted line, forging the future employment relationship.

 Module 1 Session 1: Overview on legislation

• How has the South African legislation kept up with the global economy and do we provide adequate protection for the job applicant and the employer?
• The Constitutional effect on recruitment and selection;
• The Labour Relations Act and its amendments;
• Employment Equity Act and its amendments;
• The Protection of Private Information Bill and the Promotion to Access of Information Act.

The recruitment process

• The role of the job profile and job specifications - who managers determine the job specifications;
• The advertisement - what can we advertise?
• The application form; and
• CV’s, screening and selection of candidates; and
• The duty to keep records.

Module 1 Session 2: The interview

• What not to do or say in the interview;
• The duty to disclose;
• The right to privacy;
• Unfair discrimination.

Testing

• Medical and psychometric testing - what is fair?
• Is it still legal?

The appointment process

• Short Listing;
• Targeted selection - is it fair?
• Suitably qualified candidates; and
• Affirmative action.

The employment offer

• The Basic Conditions of Employment Act;
• When is the employment offer a contract or not?
• Can you withdraw an offer?

Appointing

• Managerial prerogative to appoint - does the law still recognize this?

Applicant resources

• What legal recourse does the job applicant have?
• Jurisdiction of the Labour Court, High Court and CCMA

Module 1 Session 3 : Policies

• Recruitment and selection policy and procedures
• Best practices and trouble shooting

The POPI Act, No 4 of 2013 - An employment law perspective

• The purpose of POPI in entrenching the right to privacy
• Application of POPI
• Definition of “Personal Information”
• Definition of “Processing”
• The eight conditions of lawful processing
• The Rights of Employees as ‘data subjects’
• Processing of ‘Special Personal Information’ and exceptions
• Trans-border Information flow
• Methods of Compliance