Know this one potential problem with acting appointments
A very important position might suddenly become available in your company! This could be for various reasons, including the key employee simply resigning. What now?
You'll need to look for a suitable candidate. But while you're looking for one you can't just leave the position vacant! You'll have to get someone to fill in until you find a suitable candidate for it.
This may involve you having to hire an external person who isn't necessarily ideal for the position but she could occupy it temporarily on a fixed-term basis. On the other hand, you could simply transfer a current employee of yours into the recently vacant position until you find a suitable candidate.
Now that you have introduced acting employees into the picture, you need to be aware of the potential problem associated with them.
Here it is:
You should let the acting employee know that she'll be able to apply for the permanent position. But it's very dangerous and unfair to tell her that you'll hire her permanently or even give her the impression or expectation that you will!
If in this case you don't employee her, she could take you to the CCMA for 'unfair promotional practices'. If you have an employee on a fixed-term contract, she could take you to the CCMA for unfair dismissal.
Last year, Government implemented over 70 changes to three of SA's most crucial labour Acts.
Among them were:
• When and how to issue employees with a fixed-term contract.
• Unfair discrimination and your employees' pay cheque.
• Steps you MUST take before you recruit a non-South African citizen.
• Labour brokers and the only time you can use them.
• And so many more.
How sure are you your HR department's current processes aren't a lawsuit waiting to happen?
How certain are you that one small oversight won't end up costing your company R2.7 million in fines?
How confident are you that you won't land at the CCMA defending a case for following a faulty HR process?
Don't take a chance when you don't have to.
So, don't fall victim to this possible problem with acting appointments. A simple clause in the contracts stating that the employee mustn't expect to be hired permanently isn't enough! You must ensure that your employees understand this and are completely aware of it.
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