When it comes to recruitment, the new Employment Equity Act (EEA) makes a big impact on you and your business.
According to the EEA, you CAN'T discriminate against any potential employees when hiring.
If you do, you could very well end up at the Commission for Conciliation, Medication and Arbitration (CCMA), after which you could be paying someone, who wasn't even your employee to begin with, 24 months' salary.
Don't let this happen to you!
When recruiting, the law requires you to follow at least one of, or all of, the following four criteria when determining the suitability of an applicant.
1. Formal qualifications
This has to do with the applicant's school finishing certificate; college certificate, university diploma; degree or any other similar academic achievement.
For certain positions, particularly professions, it's understandable to look at the applicant's formal, and relevant qualifications, with scrutiny.
2. Prior learning
'Prior learning' includes the following:
Any informal qualifications from short courses;
Having performed, or assisted with, a similar job;
Reading on the topic;
Exposure to the tasks of the job; and
Any other form of relevant learning apart from formal qualifications.
3. Relevant experience
The ideal tool to recruit, manage and motivate employees!
Use the A-Z of Master Forms
recruitment templates to find the IDEAL candidate. Use the HR forms and templates to MANAGE and MOTIVATE him to perform at his best.
The A-Z of Master Forms and Templates
provides a simple, legal and effective way to ensure the development, motivation and retention of excellent employees.
It would take you weeks to draw up all these forms, samples and checklists from scratch.
Get yours now.
This refers to the extent to which the job applicant has been exposed to the same or any other similar work to the job being applied for.
Traditionally speaking, it has been a key factor when looking at applicants.
Now, while the law allows you to consider these criteria, it DOESN'T allow you to unfairly discriminate against a potential applicant just because she doesn't have relevant experience.
Take all the other criteria into consideration.
4. The capacity to acquire the ability to do the job, within a reasonable time
There are generally three steps you can use in measuring such capacity.
Look at the job facets as well as the job qualities which the applicants require;
Formulate fair and objective tests to identify the necessary qualities required; and
Apply these tests, among all applicants, in a consistent manner.
So, there are four criteria that you must look into when looking to hire someone.
To learn more, subscribe Labour Law for Managers
Protect yourself from labour-related problems by using this practical tool
The comprehensive Labour Law for Managers Loose Leaf Service gives you all the details you need for maximum protection in labour-related problems. You will find, for example:
Information on the problem areas managers have to handle in the workplace daily, and appropriate solutions;
Valuable advice for employers, based on the ever-changing legislation;
Sample contracts, dismissals and warning letters, etc;
Numerous practical checklists; and