If an applicant requests it, it’s prudent to provide brief written reasons why you don’t appoint a person to a position he/she applied for. The person’s chances of success depend on whether or not he/she can show that the non-appointment was due to factors which were discriminatory.

This will depend on the facts and circumstances of the particular matter.

Bear in mind that discrimination cases go to the Labour Court.

The Immigration Act 13 of 2002 says an employer is not permitted to employ an illegal foreigner or a foreigner whose status does not permit him to be employed. In other words, a foreigner who is in possession of a study permit, an accompanying spouse permit or a relative’s permit isn’t allowed to work in South Africa.

In addition, a foreigner in possession of a work permit to work for one company can’t work for another company.

If the employee is illegally hired then they can be deported and never permitted to return to SA, and your company would incur a significant fine and/or imprisonment if the Department of Home Affairs became aware of such conduct.

A retirement age is either agreed between the parties in a contract of employment, or a handbook which forms part of the employee’s terms and conditions of employment, or it’s the normal retirement age, which is the age at which employees would normally retire at the company, in the absence of an agreement.

The information you get from exit interviews can be used to improve employee retention or reduce employee turnover with both immediate and long-term effects.

Immediate effects include reducing costs of replacement, saving time and improving organisational performance, all of which contribute to the long-term effect of improving profitability and returns to your stakeholders.

Exit Interviews will help you to:

• Reduce costs of recruitment and retraining that impact negatively on the company’s bottom line.
• Save time by not having to replace, retrain staff, and redistributing the workload left by the departing employee.
• Save time and money on potential productivity losses.
• Determine the real reasons why people leave and try to address it hoping to reverse the employees’ decision to leave.
• Minimise the risk of litigation by ensuring that all the possible processes have been covered in the termination process.
• Collect key information to amend and approve the job description.
• Identify and manage trends and underlying company issues which may be the leading cause for high staff turnover.
• Review overall recruitment and selection process.
• Measure the effectiveness of performance management systems.
• Enhance morale and staff satisfaction by showing the company’s concern for the departing employee’s welfare.

1. What is your HIV status?
Don’t ask this question unless there is an actual inherent requirement that the employee must be HIV negative.

2. What is your sexual orientation?
The answer won’t have any relevance to your decision to employ the person as it doesn’t impact on any inherent requirement.

3. Have you ever been arrested or do you have a criminal record?
This question will only be relevant if you are employing in the banking and finance sector.

4. What are your religious believes?
A question about religion may lead to unfair discrimination if the employer and the applicant have opposing religious beliefs.

5. Are you pregnant or planning to fall pregnant within the next few months?
You can’t ask this question unless it is an inherent job requirement. Don’t assume it’s a fair question just because you are obliged to give her maternity leave.

6. Are you a South African citizen?
You can ask if the candidate has a work permit, and is legally allowed to work in South Africa.