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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

Doing what must be done – Fourth Reconciliation Lecture by Colm McGivern
2015-03-17

Colm McGivern
Photo: Johan Roux

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Fourth Reconciliation Lecture: Audio

McGivern: speech (pdf)

The UFS Annual Reconciliation Lecture brings leaders, scholars, and the broader community together in a shared vision for social change and conflict transformation. This event is organised by Prof Pumla Gobodo-Madikizela, Senior Research Professor in Trauma, Forgiveness and Reconciliation Studies. In 2012, Nadine Gordimer, Nobel Prize Laureate for Literature, was the first speaker to deliver the lecture. This year, at the Fourth Annual Reconciliation Lecture held on the Bloemfontein Campus, Colm McGivern, Director of the British Council in South Africa, continued the legacy.

Doing what must be done
'I get down on my knees and do what must be done
And kiss Achilles' hand, the killer of my son.'
(Ceasefire by Michael Longley)

Using this poem to powerful effect, McGivern showed what reconciliation asks of each and every citizen: to do what must be done. “I think that peace and reconciliation are mutually dependent,” he said. “You can’t maintain one over the long run without attending to the other.”

South Africa’s history has tracked along a similar path to that of Northern Ireland. “And lessons from other places can be powerful and instructive,” McGivern said. Sometimes reconciliation needs a focal point for people to clearly see its power, as Madiba has for South Africa. But at other times, reconciliation needs everyday citizens to “kiss Achilles’ hand’”.

McGivern mentioned Candice Mama and her family, who  have recently forgiven Eugene de Kock,. Or as Gordon Wilson did after his daughter, Mary, died holding his hand in the 1987 Enniskillen bombing in Ireland. In a TV interview mere hours later, Wilson forgave the killers of his daughter, and  hope rippled across Ireland.

Learning from others
“People’s capability,” McGivern said, “to reconcile their own differences, however stark, can be boosted by learning from others in other places, internationally or perhaps just beyond their own identity group.” A powerful truth now being pursued in a joined initiative between the British Council and Teaching Divided Histories.

As an example, McGivern referred to the short film, ‘In Peace Apart’ where one Catholic and one Protestant girl decide to swop school uniforms. Harnessing the potential of moving images and digital media, the initiative enables teachers to explore contentious issues of history and identity in the classroom. This international field of conflict education draws lessons “from activities in Sierra Leone, India, Lebanon, and, of course, South Africa.”

Resuscitation of the national spirit of magnanimity
Here in South Africa, Archbishop Desmund Tutu has “called for a resuscitation of the national spirit of magnanimity and common purpose”, McGivern quoted. In the book, 80 Moments that Shaped the World, South Africa appears four times, McGivern pointed out. And as Archbishop Tutu wrote in the foreword of the book, “no act is unforgivable; no person or country is beyond redemption and the world needs more people to reach out to one another.”

 

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