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Revealed: Two legal criteria you must use when selecting suitable job applicants

by , 10 October 2014
Selecting suitable job applicants isn't guess work. You must base your decision on legal criteria as required by the Employment Equity Act (EEA).

If you don't, you could face unfair dismissal claims. This means you could land up at the CCMA. And, if you lose, you'll have to pay someone who wasn't even your employee 24 months' salary!

Since that's a risk you can't afford to take, keep reading to find out about the two legal criteria you must use when selecting suitable job applicants to comply with the EEA.


Two legal criteria to use when choosing who to hire
 

The law says you have to use one or all of the following criteria when seeing if an applicant is suitable:
 
1. Formal qualifications
 
This refers to the job applicant's matric certificate, a university degree/diploma, college diploma or certificate or any other similar academic achievement.
 
It's logical to base an applicant's suitability as a Financial Manager partially on his accounting degree or diploma.

 
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2. Prior learning
 
Prior learning includes the following:
 
  • Informal qualifications from short courses;
  • Exposure to the tasks of the job;
  • Having done or assisted with a similar job;
  • Reading on the topic;
  • Attendance at relevant conferences;
  • Partly finished degrees, diplomas or internships;
  • On-the-job training;
  • Participation in relevant mentoring programmes; and
  • Any other form of relevant learning other than formal qualifications.

For you to check what prior learning an applicant has, look at any certificates he gives you, do reference checks and have the candidate carry out a skills test.
 
Now that you know about these two legal criteria, use them when selecting suitable job applicants so you can comply with the EEA.
 
PS: For two more criteria you must use when selecting suitable job applicants, checkout the Labour Law for Managers Loose Leaf Service.


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