Under common law an employer enjoyed complete freedom of choice when recruiting and selecting employees. An employer had unfettered discretion in recruiting and selecting employees. There were no legal restrictions on the prerogative of the employer to appoint employees. Developments in labour law have, however, gradually diminished the employer's freedom of choice during the recruitment and selection process. The Employment Equity Act No. 55 of 1998 and the Code of Good Practice on the Integration of Employment equity into Human Resource Policies and Practices, 2005 as· well as impending labour legislation impose limitations on the employer's freedom of choice during the recruitment and selection process. The remaining problem therefore is: What is the extent of the limitations on the employer's freedom of choice in the recruitment and selection of employees? The study will be conducted by means of a literature study of relevant books, journal articles, statutes, case law and internet sources relating to restrictions which are placed by legislation and case law on the employer's freedom to choose employees during recruitment and selection. This research therefore investigates the extent to which developments in labour law have eroded the prerogative of an employer to appoint employees. This investigation will help clarify the limits within which an employer has to exercise its choice of an employee during recruitment and selection. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2014

Under common law an employer enjoyed complete freedom of choice when recruiting and selecting employees. An employer had unfettered discretion in recruiting and selecting employees. There were no legal restrictions on the prerogative of the employer to appoint employees. Developments in labour law have, however, gradually diminished the employer's freedom of choice during the recruitment and selection process. The Employment Equity Act No. 55 of 1998 and the Code of Good Practice on the Integration of Employment equity into Human Resource Policies and Practices, 2005 as· well as impending labour legislation impose limitations on the employer's freedom of choice during the recruitment and selection process. The remaining problem therefore is: What is the extent of the limitations on the employer's freedom of choice in the recruitment and selection of employees? The study will be conducted by means of a literature study of relevant books, journal articles, statutes, case law and internet sources relating to restrictions which are placed by legislation and case law on the employer's freedom to choose employees during recruitment and selection. This research therefore investigates the extent to which developments in labour law have eroded the prerogative of an employer to appoint employees. This investigation will help clarify the limits within which an employer has to exercise its choice of an employee during recruitment and selection. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2014

The Employment Equity Act, No 55 of 1998 forms part of the transformation legislation aimed at promoting equity and eliminating discriminatory and unfair treatment in the workplace. This Act was promulgated more than ten years ago, and its positive impact has to be measured in terms of its contribution to the conduciveness of the work environment. The aim of this study is to enhance measures for effective implementation of an Employment Equity Programme (EEP) in the Public Service, with specific reference to the Department of Justice and Constitutional Development. The ultimate aim is to identify Employment Equity (EE) measures that will benefit management and employees in enhancing individual performance and productivity. The study focuses on perceptions of employees on how they perceive EEP. As the study progressed it became equally important to determine the alignment and contribution of EEP on Departmental strategic objectives. The results and recommendations will be shared with the Department of Justice and Constitutional Development with a view to ensuring that its EEP is aligned to its strategic objectives, and adds value to service delivery. / Public Administration & Management / M.P.A.

South African universities have embarked upon a wide range of initiatives to foster and acclimatise to new social development needs of the society. A significant area of change involved implementation of employment equity. This study investigated the manner in which universities manage employment equity.The composition of staff in higher education institutions fails to reflect the demographic realities of South Africa.As a result, black people and women are still severely under-represented, especially in senior academic management positions. Universities are slowly, but steadily redirecting their student bodies and staff to reflect the demographics of South African society applying fragmented effort and piecemeal approach. The “as is” statistical reports obtained from the Department of Labour were used to substantiate the progress being made in the selected universities. Quantitative research methods were employed to collect data. University of Pretoria, University of Witwatersrand, and Free State University were selected as the population and the academic managers (Heads of Departments, Directors of Schools, and Deans of Faculties) as the sample of the study. The study finds that white males still dominate in the universities and white females are adequately represented, particularly in the professional and academic categories. The academic managers responded less positively on retention strategies for academic staff, especially for the designated groups and the functionality of employment equity awareness campaigns. The study also outlined the success of employment equity factors that the academic managers indicated, such as their loyalties to the institutions, prospects of career development, and collegial relations. The study recommended proficient leadership to drive the employment equity process, development of employment equity strategy with reasonable goals, diversity management, retention strategy, and vigorous employment equity awareness. / Educational Leadership and Management / D. Ed. (Education Management)

South African universities have embarked upon a wide range of initiatives to foster and acclimatise to new social development needs of the society. A significant area of change involved implementation of employment equity. This study investigated the manner in which universities manage employment equity.The composition of staff in higher education institutions fails to reflect the demographic realities of South Africa.As a result, black people and women are still severely under-represented, especially in senior academic management positions. Universities are slowly, but steadily redirecting their student bodies and staff to reflect the demographics of South African society applying fragmented effort and piecemeal approach. The “as is” statistical reports obtained from the Department of Labour were used to substantiate the progress being made in the selected universities. Quantitative research methods were employed to collect data. University of Pretoria, University of Witwatersrand, and Free State University were selected as the population and the academic managers (Heads of Departments, Directors of Schools, and Deans of Faculties) as the sample of the study. The study finds that white males still dominate in the universities and white females are adequately represented, particularly in the professional and academic categories. The academic managers responded less positively on retention strategies for academic staff, especially for the designated groups and the functionality of employment equity awareness campaigns. The study also outlined the success of employment equity factors that the academic managers indicated, such as their loyalties to the institutions, prospects of career development, and collegial relations. The study recommended proficient leadership to drive the employment equity process, development of employment equity strategy with reasonable goals, diversity management, retention strategy, and vigorous employment equity awareness. / Educational Leadership and Management / D. Ed. (Education Management)

The Employment Equity Act, No 55 of 1998 forms part of the transformation legislation aimed at promoting equity and eliminating discriminatory and unfair treatment in the workplace. This Act was promulgated more than ten years ago, and its positive impact has to be measured in terms of its contribution to the conduciveness of the work environment. The aim of this study is to enhance measures for effective implementation of an Employment Equity Programme (EEP) in the Public Service, with specific reference to the Department of Justice and Constitutional Development. The ultimate aim is to identify Employment Equity (EE) measures that will benefit management and employees in enhancing individual performance and productivity. The study focuses on perceptions of employees on how they perceive EEP. As the study progressed it became equally important to determine the alignment and contribution of EEP on Departmental strategic objectives. The results and recommendations will be shared with the Department of Justice and Constitutional Development with a view to ensuring that its EEP is aligned to its strategic objectives, and adds value to service delivery. / Public Administration and Management / M.P.A.

The primary aim of this study was to investigate the implementation of the affirmative action policy within the Pretoria district of the South African Police Service. There is a need to examine and understand how the SAPS remove unfair discrimination in recruitment and selection processes in the implementation of affirmative action measures. Prior to 1994 the South African Police Force was male dominated and racism was fully institutionalised. Black people (Africans, Indians and coloureds), women and disabled people were marginalised and denied appropriate employment and advancement opportunities. The focus of the study was to identify challenges or problems encountered by the SAPS during the implementation of affirmative action policy; propose the strategies through which the SAPS can address discrimination in personnel staffing processes; and to assess and describe the criteria utilised by the SAPS in identifying the beneficiaries of affirmative action. The study includes the survey of international and national literature on the implementation of affirmative action. The study was conducted at 35 police stations within the district of Pretoria. The survey questionnaires were distributed to the respondents whereby three hundred and seventy (370) returned completed questionnaires, meeting the required sample figures. The respondents were selected by using a quota sampling. Qualitative research methodology was utilised in the interpretation and analysis of data. In addition, data was also collected through the documentary study. The major findings of this study illustrated that job requirements and responsibilities are seldom adjusted to accommodate disabled people. The communication of affirmative action policy is seen by respondents as being problematic. Respondents believe that affirmative action discriminates against certain groups within the disadvantaged groups. The research has divulged that the usage of interviews and involvement of supervisors in interview panels would minimise unfair discrimination in the allocation of promotional positions. Diversity management is not fully implemented to support affirmative action. People of all races are not employed to positions on the basis of their qualifications, experience and competencies as they deserve. The SAPS does not consider academic qualifications as criterion in the allocation of promotions. / Public Administration & Management / M. Admin. (Public Administration)

The primary aim of this study was to investigate the implementation of the affirmative action policy within the Pretoria district of the South African Police Service. There is a need to examine and understand how the SAPS remove unfair discrimination in recruitment and selection processes in the implementation of affirmative action measures. Prior to 1994 the South African Police Force was male dominated and racism was fully institutionalised. Black people (Africans, Indians and coloureds), women and disabled people were marginalised and denied appropriate employment and advancement opportunities. The focus of the study was to identify challenges or problems encountered by the SAPS during the implementation of affirmative action policy; propose the strategies through which the SAPS can address discrimination in personnel staffing processes; and to assess and describe the criteria utilised by the SAPS in identifying the beneficiaries of affirmative action. The study includes the survey of international and national literature on the implementation of affirmative action. The study was conducted at 35 police stations within the district of Pretoria. The survey questionnaires were distributed to the respondents whereby three hundred and seventy (370) returned completed questionnaires, meeting the required sample figures. The respondents were selected by using a quota sampling. Qualitative research methodology was utilised in the interpretation and analysis of data. In addition, data was also collected through the documentary study. The major findings of this study illustrated that job requirements and responsibilities are seldom adjusted to accommodate disabled people. The communication of affirmative action policy is seen by respondents as being problematic. Respondents believe that affirmative action discriminates against certain groups within the disadvantaged groups. The research has divulged that the usage of interviews and involvement of supervisors in interview panels would minimise unfair discrimination in the allocation of promotional positions. Diversity management is not fully implemented to support affirmative action. People of all races are not employed to positions on the basis of their qualifications, experience and competencies as they deserve. The SAPS does not consider academic qualifications as criterion in the allocation of promotions. / Public Administration and Management / M. Admin. (Public Administration)

South African affirmative action law in the workplace is in its infancy. Yet some concepts in this context have already proven to be unclear or in need of interpretation, or are lacking. This thesis focuses on the beneficiaries of affirmative action in employment law. The Employment Equity Act (EEA) creates `designated groups' ─ black people, women and people with disabilities ─ as the beneficiaries of affirmative action. It lays down two requirements for beneficiaries of affirmative action which are investigated: (a) beneficiaries must be from the designated groups - in this regard, the question that arises is whether, having been categorised as disadvantaged, persons are presumed to be de facto disadvantaged and entitled to benefit from affirmative action, or whether further evidence of actual past disadvantage is required; and (b) beneficiaries must be `suitably qualified'. In addition, citizenship as a third requirement for beneficiaries of affirmative action has been mooted in case law. This is evaluated against modern interpretation theory, the Constitution and discrimination law. Against the background of a comparative investigation of the position in the US and Canada, and under international law, specific findings and recommendations are made in respect of South African affirmative action law. These relate to the interpretation of the concept `disadvantage', to a pragmatic and contextualised approach to the notion `degrees of disadvantage', to the recognition of the concept `multiple disadvantage', to the clarification of the meaning and application of the concept `suitably qualified' in a code of good practice, and to a policy decision by government to ensure that affirmative action measures apply mainly to South African citizens who otherwise qualify to benefit. To this end, certain amendments to the EEA, its regulations and codes of good practice are proposed with the aim of ensuring that affirmative action measures in fact benefit those intended by the EEA. Some projections are made to indicate the way forward for affirmative action in South Africa. / Jurisprudence / LL.D.

South African affirmative action law in the workplace is in its infancy. Yet some concepts in this context have already proven to be unclear or in need of interpretation, or are lacking. This thesis focuses on the beneficiaries of affirmative action in employment law. The Employment Equity Act (EEA) creates `designated groups' ─ black people, women and people with disabilities ─ as the beneficiaries of affirmative action. It lays down two requirements for beneficiaries of affirmative action which are investigated: (a) beneficiaries must be from the designated groups - in this regard, the question that arises is whether, having been categorised as disadvantaged, persons are presumed to be de facto disadvantaged and entitled to benefit from affirmative action, or whether further evidence of actual past disadvantage is required; and (b) beneficiaries must be `suitably qualified'. In addition, citizenship as a third requirement for beneficiaries of affirmative action has been mooted in case law. This is evaluated against modern interpretation theory, the Constitution and discrimination law. Against the background of a comparative investigation of the position in the US and Canada, and under international law, specific findings and recommendations are made in respect of South African affirmative action law. These relate to the interpretation of the concept `disadvantage', to a pragmatic and contextualised approach to the notion `degrees of disadvantage', to the recognition of the concept `multiple disadvantage', to the clarification of the meaning and application of the concept `suitably qualified' in a code of good practice, and to a policy decision by government to ensure that affirmative action measures apply mainly to South African citizens who otherwise qualify to benefit. To this end, certain amendments to the EEA, its regulations and codes of good practice are proposed with the aim of ensuring that affirmative action measures in fact benefit those intended by the EEA. Some projections are made to indicate the way forward for affirmative action in South Africa. / Jurisprudence / LL.D.