C4 - Managing Recruitment and Selection

Module 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.

Module 2 : 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 3 : The interview

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

Module 4 : Testing

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

Module 5 : The appointment process

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

Module 6 : The employment offer

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

Module 7 : Appointing

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

Module 8 : Applicant resources

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

Module 9 : Policies

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

Module 10 : (POPI Act) Protection of Personal Information 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-boarder Information flow
• Methods of Compliance