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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

The silent struggles of those with invisible disabilities
2016-12-13

Description: Dr Magteld Smith, invisible disabilities Tags: Dr Magteld Smith, invisible disabilities 

Dr Magteld Smith, researcher and deaf awareness
activist, from the Department of Otorhinolaryngology
at the UFS.

December is International Disability Awareness Month. Despite equality before the law and some improvements in societal attitudes, people with disabilities are still disadvantaged in many aspects of their lives. They are more likely to be the victims of crime, sexual abuse, are more likely to earn a low income or be unemployed, and less likely to gain qualifications than people without disabilities.

Demystifying disabilities is crucial

Dr Magteld Smith, a researcher at the University of the Free State (UFS) School of Medicine’s Department of Otorhinolaryngology, says that often people think the term “disability” only refers to people using a wheelchair, etc. However, this is a misperception because some individuals have visible disabilities, which can be seen, and some have invisible disabilities, which can’t be seen. Others have both visible and invisible disabilities. There is an ongoing debate as to which group has the greatest life struggles. Those with visible disabilities frequently have to explain what they can do, while individuals with invisible disabilities have to make clear what they cannot do.

Invisible disability is an umbrella term that captures a whole spectrum of invisible disabilities and the focus is not to maintain a list of specific conditions and diagnoses that are considered invisible disabilities. Invisible disabilities include debilitating fatigue, pain, cognitive dysfunctions, mental disorders, hearing and eyesight disabilities and conditions that are primarily neurological in nature.

Judging books by their covers
According to Dr Smith, research indicates that people living with invisible disabilities often suffer more strained relationships than those with visible disabilities due to a serious lack of knowledge, doubts and suspicion around their disability status.

Society might also make serious allegations that people with invisible disabilities are “faking it” or believe they are “lazy”, and sometimes think they are using their invisible disability as an “excuse” to receive “special treatment”, while the person has special needs to function.

Giving recognition and praise
“One of the most heartbreaking attitudes towards persons with invisible disabilities is that they very seldom enjoy acknowledgement for their efforts and accomplishments. The media also seldom report on the achievements of persons with invisible disabilities,” says Dr Smith.

Society has to understand that a person with a disability or disabilities is diagnosed by a medical professional involving various medical procedures and tests. It is not for a society to make any diagnosis of another person.

Dr Smith says the best place to start addressing misperceptions is for society to broaden its understanding of the vast, varying world of disabilities and be more sensitive about people with invisible disabilities. They should be acknowledged and given the same recognition as people with visible disabilities.

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