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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.’”
UFS presents workshop on plea bargaining
2010-02-09
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At the workshop were in front: Prof. Hennie Oosthuizen, Department of Criminal and Medical Law at the UFS; back: Judge Faan Hancke, Adv. Jo Hiemstra of the Office of the Director Public Prosecution in the Free State, Judge President Hendrick Musi and Judge of Appeal Fritz Brand.
Photo: Stephen Collett |
The Centre for Judicial Excellence in the Faculty of Law at the University of the Free State (UFS) recently presented a workshop on plea bargaining. This is the fourth workshop in the series of workshops on effective court management and the expedition of trials that started in 2007.
According to Judge Faan Hancke, the Chair of the workshop and also Extraordinary Professor in the Department of Process Law at the UFS, selected members of the judicature such as Judge of Appeal Fritz Brand, Judge Albert Kruger – who is amongst others the author of an important book on the criminal process – and Judge President of the Free State High Court, Hendrick Musi, conducted presentations at this workshop.
Judge Hancke’s lecture focused on the basic principles of plea bargaining. “Abroad, the plea agreement is effectively applied to shorten court procedures. This gives them a 80 percent saving on court cases with regard to serious crime, where we in South Africa save less than five percent on court cases.
The workshop was attended by magistrates, attorneys, advocates, the UFS Law Clinic and members of the Legal Aid Council. According to Mr Lukas Brand, a magistrate from Botshabelo, this workshop is a must for each jurist. More members of the legal profession must attend these kinds of workshops because there are many people who lack the necessary knowledge on some of the stipulations in the criminal procedure.