Does the managerial prerogative still apply during the recruitment process - Pdf

Does the managerial prerogative still apply during the recruitment process? By Johanette Rheeder An employer’s managerial prerogative (or the right to decide and to manage) relates to the ability and choice a manager or an employer can make to appoint an employee of his or its choice. The term “prerogative” denotes that the person holding the prerogative, has a right that others – the employee or job applicant - does not have. This right is weighed up against the question as to whether a job applicant has a right to be appointed in a position and can he or she therefore challenge the managerial prerogative of the employer or manager and demand to be appointed?. Therefore, to what extent, if any, has the decision making power of the employer being curtailed by the labour rights and claim to fairness by employees or applicants?1 The right to appoint belongs to the employer. However, this right is not absolute. The employer must comply with the principles of fairness and can also not contravene legislation, for example the EEA or the Basic Conditions of employment Act. This right is also limited by the right of the job applicant not to be unfairly discriminated against or being subjected to unfair medical and psychometric tests. One of the first unfair discrimination cases in South Africa is that of Hoffmann