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Legal aspects in recruitment and selection
This information sheet details the law surrounding recruitment and case law surrounding aspects of affirmative action, a person's right to privacy, and general recruitment & interview related information for the workplace.
Employment conditions
Sub Category
Recruitment and selection
Document Type
Information Sheet
Legal aspects in recruitment and selection IS.pdf
Publish Date
Johanette Rheeder
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9 pages in document, you are previewing the first 2 pages below:

Recruitment generally entails a process undertaken by a prospective employer, or a recruitment agent who acts on behalf of the prospective employer to attract or invite a candidate to apply for a position, to screen, select, test (e.g. competency based testing or psychometric testing) and to appoint a qualified and suitable person for a job. The stages of the recruitment process normally start with the prospective employer identifying a need (job or functions) which cannot be accommodated by current staff due to reasons such as resignation, retirement, dismissal or the need for new positions generated by restructuring or down scaling or growth. The prospective employer will then do a job analysis and start developing person and key specifications for the job. This will result in the position being advertised with critical and non critical specifications. Most employers have a policy of first recruiting internally before the position is advertised externally or in the media. The sourcing of candidates will take place through internal or external networking, advertising (internal and external) or other search methods such as head hunting. Candidates will then be matched to job requirements and screening of individual applicants will take place. Often more than one screening will take place, resulting in short lists being developed and presented to managers for interviews. Again, this can be done by the recruitment agent or the prospective employer. Testing (skills or personality assessment) and assessment of candidates' motivations and their fit with organisational requirements or culture will also be determined by interviewing and other assessment techniques. Some candidates may be invited to more than one interview with different people. The recruitment process is finalised with the making of job offers and the finalisation of the appointment and induction of new employees. Depending on the size and culture of the organisation recruitment may be undertaken in-house by managers, human resource generalists and / or recruitment specialists. Alternatively parts of all of the process might be undertaken by either public sector employment agencies, or commercial recruitment agencies, or specialist search consultancies. Discrimination and the right to privacy in the recruitment process. THE EMPLOYMENT EQUITY ACT, 55 OF 1998 Unfair discrimination in the working environment is regulated by the Employment Equity Act (EEA). The EEA is mainly divided into two main sections, one dealing with affirmative action, and the other with unfair discrimination, within a working environment. The philosophy behind this is clearly that no employer can successfully implement affirmative action (appointing and promoting AA candidates) if unfair discrimination is rife in its business. The EEA therefore places a positive obligation on employers to find and eliminate unfair discrimination in the workplace an in its policies and practices. This process starts at the recruitment process already as the EEA protect job seekers against unfair discrimination and unfair medical and psychometric testing. Chapter 2 of the Act, dealing with discrimination, applies to all employees, job applicants and employers or prospective employers. A job applicant for the purpose of the EEA is a person who applied for a position with an employer. Unfair discrimination outside the employment relationship should be dealt with in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act, 4 of 2000.