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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.’”
Young dynamic lawyer in the Mail and Guardian Top 200
2016-06-27
Adv Loyiso Makapela
Photo: Stephen Collett
Each year the Mail and Guardian produces a special report on that year’s top 200 young South Africans who inspire, have talent, and drive. This year, we celebrate one of our own, Adv Loyiso Makapela, who has been nominated as one of the top 200 Mail and Guardian Young Achievers of 2016 under the category of Education. Loyiso is an outstanding academic, lecturer and mentor. At age 27, she is the youngest lecturer in the Faculty of Law.
With two Master’s degrees under her belt, she has been awarded the Desmond Tutu Doctoral scholarship by the National Research Foundation and will commence her PhD at both the University of Stellenbosch and Vrije Universiteit in Amsterdam July 2016. With a keen focus on research, she has presented papers and chaired sessions at various conferences locally and internationally in, for example, the United Arab Emirates and Greece, and in Oxford, England.
“The fact that I was nominated under the category ‘Education’ is undoubtedly one of my proudest achievements to date, because there is nothing I am more passionate about and love than the education of young South Africans, particularly women. This is only the beginning, and I hope my story and accomplishments will inspire others to walk out in determined pursuit of their goals and dreams,” said Loyiso.
She is in the final stages of launching a lifestyle website that aims to engage young and ambitious South African women, titled “Young Women of Power”. Through this platform, Loyiso hopes to bring together influential women in business and politics, to empower and enlighten younger women.
The Mail and Guardian Top 200 Young South Africans have, over the years, positioned themselves as leaders in their fields and gained local and international acclaim. The selected 200 will be announced later this month.