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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

Transformation in higher education discussed at colloquium
2013-05-16

16 May 2013

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The University of the Free State hosted the Higher Education Transformation Colloquium earlier this month on the Bloemfontein Campus.

On Monday 6 May 2013 till Wednesday 8 May 2013 the event brought together a wide range of stakeholders, including some members of university councils; vice-chancellors; academics and researchers; leaders of student formations and presidents of student representative councils; transformation managers; executive directors with responsibility for transformation in various universities, members of the newly established Transformation Oversight Committee and senior representatives from the Department of Higher Education and Training.

The event examined and debated some of the latest research studies and practices on the topic, as well as selected case studies from a number of public universities in South Africa.

Delivering a presentation at the colloquium, Dr Lis Lange, Senior Director of the Directorate for Institutional Research and Academic Planning at the UFS, said transformation in South Africa has been oversimplified and reduced to numbers, and the factors that might accelerate or slow the process have not been taken into account.

Dr Lange was delivering a paper, titled: The knowledge(s) of transformation: an archaeological perspective.

Dr Lange argued that “in the process of translating evolving political arguments into policy making, the intellectual, political and moral elements that shaped the conceptualisation of transformation in the early 1990s in South Africa, were reduced and oversimplified.”

She said crucial aspects of this reduction were the elimination of paradox and contradiction in the concept; the establishment of one accepted register of what transformation was and it is becoming sector-specific or socially blind. This means that the process was narrowed down in the policy texts and in the corresponding implementation strategies to the transformation of higher education, the schools system, the judiciary and the media, without keeping an eye on the structural conditions that can influence it in one way or another.

Dr Lange said the need for accountability further helped with reduction of transformation. “Because government and social institutions are accountable for their promises, transformation had to be measured and demonstrated.”

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