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19 November 2018
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Story Charlene Stanley
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Photo Charlene Stanley
Prof John Mubangizi, Dean of the Faculty of Law, encouraged delegates at the Fifth Annual International Mercantile Conference to share ideas on best international practice in their various fields.
“Don’t say anything online that you wouldn’t want plastered on a billboard with your face on it.”
This famous quote by international tech expert Erin Bury should be a guiding light when it comes to online habits in the workplace, according to Francois Cilliers, UFS Lecturer in Mercantile Law.
In his presentation Could Social Media be the Gateway to Employment Discrimination? he warned that employees have a responsibility not to bring their employers in disrepute through their comments on social media.
“Posts, updates, tweets, and comments are considered to be publications and can therefore never be seen as privileged information,” he explained.
Responsibility on employees and employers alike
He pointed out that employers also had a responsibility regarding the way in which they use the information about prospective employees obtained via social media.
“Nowadays, approximately 75% of companies hire through social media. In the US, recruiting companies spend hours researching candidates, making full use of what they can find on social media. It was found that 50–80% of employers frowned upon posts and pictures featuring drug and alcohol abuse, profanity, and bad grammar.”
He warned that employers needed to tread lightly, as a decision not to employ someone as a result of information on the prospective employee’s political views and sexual orientation could constitute unfair discrimination as set out in the Employment Equity Act.
“An employer who wishes to use a screening process (utilising social media) has to prove that the information and the process is objectively necessary and can be justified with reference to the inherent requirements of the job,” he explained.
“As technology and electronic systems advance, so too should the applicable labour laws.”
Cilliers’ presentation formed part of the Fifth Annual International Mercantile Law Conference recently hosted by the Faculty of Law on the Bloemfontein Campus.
Incorporating new technology in teaching and research
“This conference is an opportunity to share ideas on best practice in what is perceived as a ‘difficult’ field within Law,” said Prof John Mubangizi, Dean of the Faculty of Law, as he opened the proceedings. Topics in the discussion sessions ranged from Racism in the workplace and The underrepresentation of females in the judiciary, to Decriminalisation of cannabis: A recipe for healthy employer-employee relations?
“Conferences such as these help us to take advantage of the newest developments in technology to advance our teaching and research,” said Prof Mubangizi.
“To quote Einstein: ‘We can’t solve problems by using the same kind of thinking we used when we created them.’”
First superannuation lecture delivered at the UFS
2009-11-18
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Proff. Voet du Plessis (left) and Johan Henning, Dean of the Faculty of Law.
Photo: Stephen Collett
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Prof. Voet du Plessis from the Department of Mercantile Law in the Faculty of Law at the University of the Free State (UFS) recently presented the first superannuation lecture at the UFS.
Prof. Du Plessis retired this year after 41 years at the UFS. This milestone event coincides with the faculty’s celebration of a century of excellence in legal education under the theme “Iurisprudentia 100”.
With his superannuation lecture Prof. du Plessis gave a view on the future of worker participation in enterprises. Thirty years ago during his inaugural lecture he discussed a similar topic: Worker participation in the management organs of a company.
According to him there is currently no worker participation in management organs in South African companies. The South African legislation does give extended abilities and protection for workers. In spite of this protection South African legislation falls short with regard to a possible say workers may have in or influence that workers may exercise over decisions taken in the workplace and which affect them as workers directly.
In terms of the right to information and consultation he gave the following suggestions to improve the current system of worker participation in decisions which affect them as workers:
“Serious attention must be given to the changes to the current Labour Relations Act, 1995 for the compulsory establishment of a workplace forum in each workplace with 50 or more workers, to oblige the employer to take the initiative with the establishment of a workplace forum; and to give to registered trade unions who are recognised in the workplace the sole right to nominate candidates for the workplace forum,” said Prof. du Plessis. He also proposed that attention be given to a Southern African Work Committee. An increase in world wide economic operations through multi national companies with head quarters abroad where decisions about the misfortunes of workers in the Southern African region are taken makes such a decision essential.