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19 November 2018 | Story Charlene Stanley | Photo Charlene Stanley
On Social Media, Racism, and Cannabis
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.’”

News Archive

Living proof of transformation
2012-07-18

Prof. Pumla Gobodo-Madikizela (middle) facilitated a dialogue with Archbishop Emeritus Desmond Tutu and Prof. Mark Solms on the Transformation in the Solms-Delta Wine Estate.
Photo: Johan Roux

18 July 2012

 “We have the capacity to make a success of South Africa. We have incredible people who refuse to leave the country and want to make a difference.” This is according to Archbishop Emeritus Desmond Tutu who was speaking at the University of the Free State (UFS) today.

Dr Tutu took part in a dialogue with Prof. Mark Solms, owner of the Solms-Delta wine estate in Franschhoek.Prof. Solms is also an A-rated scholar and the Head of the Department of Psychology at the University of Cape Town.The theme of the dialogue was “Living Reconciliation: Winds of Change in Franschhoek and Transformation at Solms-Delta Wine Estate”.

Prof. Solms led an initiative to transform the lives of farm workers on the estate through the Wijn-de Caab Trust. This initiative was extended to empower the wider community of farm dwellers when Prof. Solms co-founded the Delta Trust and the Franschhoek Valley Transformation Charter.

The dialogue was the second in the Dialogue between Science and Society series and was facilitated by Prof. Pumla Gobodo-Madikizela, Senior research professor on Trauma, Forgiveness and Reconciliation at the UFS. The Dialogue series aims to inspire new ways of thinking about responsible citizenship. It also highlights the unique and important ways of engaging with the critical issues of social equality, social justice, social transformation and reconciliation in South Africa.This morning Dr Tutu said the work done in the Franschhoek community is proof that people cannot prosper alone if others are also not prospering. “We belong together. Why did it take us so long to realise it? South Africans have the capacity to make South Africa a better place. It is unacceptable that people go hungry and go to school under trees. It is unacceptable that they still have no books in the third term, and that the pass rate is 30%.

“Is this why we struggled, why people died? We want to go to our graves smiling… we will not be allowed peace and stability if we do not attend to the problems.”

Prof. Solms said the miracle of the political transformation did not trickle down to the people. A lot has been done, but much more needs to be done. “It can only be done by us. It is not the government’s responsibility. The way we live as a result of apartheid is that we are a deeply divided society. We must recognise this and do something to change it.”

He encouraged people to think “small”. An individual cannot change the whole country, but the changes in his community are there to see.

Dr Tutu also congratulated the UFS on becoming a truly South African university, recognising the transformation of the past few years.

The dialogue was presented at the Global Leadership Summit that 250 students and academic leaders from 21 international universities are participating in. The summit runs until Friday 20 July 2012.
 

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