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
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:nwu/oai:dspace.nwu.ac.za:10394/15450 |
| Date | January 2013 |
| Creators | Mthethwa, Vusumuzi Francis |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Thesis |
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