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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.’”
Law students triumph in Africa
2007-08-16
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Pictured with the trophies they have won are, from the left: Ms Qaqamba Vellem (fourth-year LL.B. student), Prof. Johan Henning (Dean of the UFS Faculty of Law), Prof. Loot Pretorius (Head of the Department of Constitutional Law and Philosophy of Law), Ms Lucy Nthotso (fourth-year LL.B. student), Ms Thapi Matsaneng (moot coach and lecturer in Corporate Law at the UFS) and Mr Johnny Modipa (third-year LL.B. student).
Photo: Stephen Collett
Law students triumph in Africa
A team of students from the Faculty of Law at the University of the Free State (UFS) has won the first prize at the 16th African Human Rights Moot Court Competition held in Senegal last week.
The UFS team consisted of three L.L .B. students, namely Ms Lucy Nthotso, Ms Qaqamba Vellem and Mr Johnny Modipa, and beat teams from numerous South African law faculties as well as from the rest of Africa.
The Moot Court Competition is an event where students from law faculties across Africa argue a hypothetical case on human rights issues pertinent to the continent. This year’s competition dealt with the issues of refugee status, nationality, HIV/AIDS and the right to education.
Over and above the UFS team’s success as the overall competition winners, the UFS team came first in the written memorials category (written substance of the argument of the particular party), beating seventy teams from both the English and French speaking African countries.
To further add to their splendid overall team performance, team members Ms Vellem and Ms Nthotso were selected amongst the top fifteen students for their oral arguments out of the hundred and forty who took part in the competition. Ms Vellem came tenth and Ms Ntshotso eleventh.
According to the Dean of the Faculty of Law at the UFS, Prof. Johan Henning, the faculty is extremely proud of this achievement of its students in such a highly regarded competition.
“This success shows that the quality of legal education and training we provide here at the UFS, both through the 4- and 5-year L.L.B. options is rated among the best in Africa, if not the world,” Prof. Henning said.
He said it also showed that the faculty is committed to producing black law graduates of substance who are second to none.
The three students were coached by Ms Thapi Matsaneng, a UFS law graduate who is completing her Ph.D. at the University of London and who was groomed by the UFS as part of its Grow Our Own Timber programme, aimed at producing black academics.
Prof. Loot Pretorius, head of the department of constitutional law and philosophy of law at the UFS, acted as a consultant to the team. Ms Matsaneng also accompanied the three team members to Senegal.
The panel of judges who determined the winners comprised of the commissioners of the African Commission on Human and Peoples’ Rights, a South African Constitutional Court judge as well as other respected members of the legal community.
Media Release
Issued by: Mangaliso Radebe
Assistant Director: Media Liaison
Tel: 051 401 2828
Cell: 078 460 3320
E-mail: radebemt.stg@ufs.ac.za
16 August 2007
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