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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.’”
Human Trafficking in Africa presented at Cambridge Counter Trafficking Summer School
2016-08-22
Prof Beatri Kruger
The Cambridge Centre for Applied Research in Human Trafficking (CCARHT) presented the Counter Trafficking Summer School programme from 31 July to 6 August 2016 in Cambridge, England. The Summer School was based on the 2020MDS vision for graduates and young professionals in law, finance, public policy and development.
During the week-long programme, Prof Beatri Kruger, Adjunct Professor in Public Law at the University of the Free State and renowned researcher in human trafficking in South Africa, presented via Skype, some of the burning issues of human trafficking and developments in the Africa region. Her perspectives come at a crucial time in the development of research in the field, especially concerning practices that are unique to Africa and Southern Africa in particular.
Her presentation titled: Celebrations and challenges en route to #2020HTvision: Southern Africa perspective explores the significant progress made by African countries in implementing the Trafficking in Persons (TIP) legislations with some convictions and action plans to combat this heinous crime. In her lecture, Prof Kruger shared some of the controls used by traffickers over their victims. She explained that these controls range from violence to financial and psychological measures. A strong psychological control method is the use of traditional rituals, termed “Juju” or witchcraft, by Nigerian traffickers, where fear is instilled in the victim to pledge loyalty to their captors. Traffickers are generally known to also use drugs and alcohol to control victims.
Prof Kruger indicated that there is a significant number of human trafficking cases recorded in South Africa. However her particular focus is on the regional tradition of Ukuthwala. This tradition was seen as a romantic game to expedite marriage negotiations, but recently the tradition is often abused to traffic young girls into forced marriages.
She mentioned that some countries in Africa such as Zambia have made significant progress with enforcing laws that criminalise the use of traditions violating human rights. Prof Kruger presented her research to various other researchers and students from regions across the globe, including Asia, the Middle East, America and Europe. This research will be published in the South African Review of Sociology in the coming months and in an international handbook on human trafficking in 2017.