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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.’”
UFS law researcher part of international project to produce human trafficking reference book
2017-03-17
Trafficking in Persons has been in the spotlight as an ever-growing crime around the world. Research being done in South Africa by various universities over the years has yielded results that are internationally recognised.
Part of this work has been done by Prof Beatri Kruger, Research Associate at the Centre for Human Rights at the University of the Free State (UFS), who has been involved in research that has created awareness around the world on various methods of human trafficking in Africa. She is currently working on co-authoring a chapter in the International Handbook on Human Trafficking to be published by Palgrave, the first of its kind and a major reference work in this field, with Marcel van der Watt, a lecturer at the University of South Africa (Unisa) Department of Police Practice. The reference book is a massive international project that will have more than 60 international contributors and will be published in 2018.
Contribution to international research
The chapter is titled: Breaking bondages: Methods to control victims, ‘Juju’ and human trafficking. It explores the methods used by Nigerian and other West African traffickers, namely “juju” rituals, to subdue their victims for sexual exploitation in various parts of the world. The chapter further charts various physical, financial and the psychological control mechanisms, essential in establishing an informed counter-trafficking global response.
The book and other research being done is a step in the right direction in further understanding specific practices, and can be used to augment international research, support the work of NGOs, law enforcement agencies and individuals who work with victims worldwide, to be able to understand the tools used by perpetrators, and to stop the crime from growing.
Prof Kruger said there were new opportunities at the research division of the UFS Centre for Human Rights to explore human rights violations that occur in human-trafficking scenarios, thus contributing towards more efficient strategies to combat this crime.