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Follow these three rules when setting interview questions or you WILL land up at the Labour Court

by , 15 May 2014
Believe it or not, a candidate you've interviewed can take you to the Labour Court and claim unfair discrimination.

Imagine that; facing a Labour Court judge for someone that wasn't even your employee and having to pay thousands in compensation!

The good news is you can avoid this recruitment nightmare if you follow these three rules when you set interview questions...

Three vital rules you must live by when setting interview questions

Rule #1: Base your questions on inherent requirements of the job.

Rule #2: Structure your questions in a way that'll help you gain an understanding of the person's ability to perform the job.

But that's not all. If you don't follow the next rule, you'll be breaking the Employment Equity Act and the Basic Conditions of Employment Act!


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Here's one more rule to follow when setting interview questions

Rule #3: Your interview questions must NOT discriminate candidates on the following grounds:

  • Race;
  • Gender;
  • Sex;
  • Ethnic or social origin;
  • Colour;
  • Sexual orientation;
  • Age;
  • Disability;
  • Religion;
  • Conscience;
  • Belief;
  • Political opinion;
  • Culture;
  • Language;
  • Marital status; and
  • Family responsibility.

Remember, discrimination on any other grounds other than the ones listed above can also be unfair if they have the potential to negatively affect the candidate's dignity as a human being.

And if you think following these rules is a waste of time, perhaps this little fact will make you think twice.


70 Questions to ask to get the most relevant information from your interviews

Discover everything you need to know to make the right decision every time. Find out about the applicant's strengths, areas for improvement, ideals and commitment with these specific questions – all set out in an easy-to-follow checklist. You'll have no doubts about the person's ability!


When it comes to interviews 'job seekers are becoming more empowered and are encouraged to protect their recruitment rights'

This is according to Gillian Meier, the CEO of Jobs.co.za.

Meier says 'should a job seeker feel discriminated against they're equipped with knowledge resources and means to taking action against careless interviewers.'

She adds that 'the best and in fact only way recruiters can ensure that disgruntled job seekers don't retaliate against innocent mistakes is through sound preparation.'

And that's why we at FSP Business recommend you follow these three rules to set up your interview questions so you can ensure you don't land up at the Labour Court for unfair discrimination.

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Follow these three rules when setting interview questions or you WILL land up at the Labour Court
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