Judith Griessel - Recruitment legalities

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Judith Griessel - Recruitment legalities

Legal points around recruitment and hiring practices (South Africa)

Employment References - the do's and the don'ts. By Judith Griessel

Investigating the legal risks relating to giving employment references and the issue of social responsibility. Practical guidelines for employers.

To say or not to say....that is the question

How much must you disclose to or hide from a prospective employer about your reasons for leaving your previous job? The Labour Court weighs in.

Application for Employment - Pro Forma application form and legal guidance

If you want to minimise your legal risks around the recruitment and appointment process, there are things you need to do as an employer, as well as things that you should definitely not do. One thing you should do, even if using a recruitment agency, is to use a properly drafted Application Form for your short-listed candidates, and not just rely on a CV. By doing this, you can pre-empt many potential issues and also ensure that you are legally covered as it pertains to doing background checks and the disclosure of personal information. It is not enough for employers to rely on the CV of an applicant for employment, even when using a recruitment agency. Every short-listed candidate should be required to fill out a properly drafted application form to prevent legal come-backs and to ensure the employer complies with the law on the Protection of Personal Information.

Fake qualifications will soon not only get you dismissed but also imprisoned

Over the years, there have been various media reports on high-profile employees (particularly politicians) who misrepresent their qualifications to their employer. In fact, for the 2017/18 financial year, the South African Qualifications Authority (SAQA) uncovered​ 982 fraudulent qualifications including instances where qualifications were embellished or overstated and where employees have been dishonest in their job applications about their qualifications.

Kirsty Bonner: 3 things to avoid when answering the INTERVIEW QUESTION, “What would your last boss/current boss say about you?”

I am seeing this question a lot when debriefing clients post-interview. Here is what to AVOID: 1. Lying. 2. Being self-deprecating. 3. Being self-inflating. Two scenarios: A) If you didn’t/don’t get on with previous or current boss, explain that you HOPE she/he would call you professional, reliable, punctual, hard-working. Do NOT make it personal. B) If your previous/current boss thinks very highly of you, keep it to professional terminology too. “Awesome” is not a good way to describe YOURSELF! Above all, don’t lie! The person you are referring to, may be a reference who gets called if you are offered the job! Ultimately, we are not mind-readers! Answer the question professionally and unemotionally, and keep it BRIEF! Hiring Managers are testing your personality, first and foremost, with this question, NOT pre-checking references!

You can now go to jail for faking a degree on your CV – or claiming a qualification you don't have on LinkedIn or Twitter

An update to South Africa's National Qualifications Framework has introduced criminal offences for the first time, and a false claim of a tertiary education can now be a very big deal – whether or not it gets you a job.

Recruitment and Offers of employment - Legal risks and solutions

An offer of employment that is made and accepted in principle, even without agreement on all the terms or without formal documents signed, could legally mean that an employment relationship exist and ‘withdrawal’ of that offer would then constitute a dismissal. There are ways to ensure that this situation is avoided before recruitment negotiations have been finalised and final approvals obtained. Here’s how. By Judith Griessel

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