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Interviewing? Use these four legal criteria to select only the best job applicants

by , 15 May 2014
You're wrong if you think assessing the suitability of a job applicant depends on things like, how well they're dressed, how they smile or on the fact that you share the same interests.

There are four legal criteria you must use to assess the candidate's suitability.

If you don't use them, you're breaking Subsection 20(3) of the Employment Equity Act (EEA) and you'll face harsh penalties.

Are you prepared to take that risk?

Read on to find out what these four legal criteria are...


Employment Contracts, Recruiting and Independent Contractors…

Make sure you use a legally correct recruitment procedure and updated employment contracts in your company.

There's a fine line between determining whether someone is an independent contractor or an employee. Don't get caught out. Use this independent contractor policy and checklist to ensure you get it right every time!


The EEA says you must stick to these four criteria when selecting suitable job applicants

Criteria #1: Formal qualifications

This refers to the applicant's matric certificate; a completed university degree or diploma, college certificate; or any other academic achievement.

If, for example, you're looking for a Financial Manager, it's wise to base a candidate's suitability for position on his accounting degree/diploma.

Criteria #2: Prior learning

The Labour Law for Managers Loose Leaf Service says prior learning can include the following:

  • Informal qualifications from short courses
  • Experience in doing the job
  • Experience in a similar job
  • Reading on the topic etc.

To find out about the applicants' prior learning, check the certificates he gives you, make reference checks and carry out skills tests.


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Criteria #3: Relevant experience

In this article, we explained that 'relevant experience refers to the extent to which the applicant has previously carried out the same or similar work to that of the job sought.'

Criteria #4: The capacity to acquire, within a reasonable time, the ability to do the job

Measuring a candidate's capacity or potential to learn is complicated. We recommended you check out the Labour Law for Managers Loose Leaf Service. It contains a practical example of what you must do when using this criterion to assess the candidate's suitability.

There you have it. Follow these four criteria to ensure you comply with the EEA when selecting job applicants after the interview process.

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