What can't you ask in a JOb interview in South Africa?

South African labour laws are stringent and make it challenging for interviewers. Interviewers have to negotiate a legal maze that determines which questions are appropriate to ask, and which aren't. Its best to know what this maze entails otherwise you could find yourself summoned by the CCMA.

The regulations governing job interviews are there to protect the candidate against discrimination. Employers want to know as much as they can about the candidate before making any decisions. It's imperative that interviewers know how to extract the most info, without infringing on the candidate's rights:

• What are the job interview's legal boundaries?

Employers must follow all regulations prohibiting any discrimination on the basis of race, religion, sex, age, nationality or disability.

• What can be discussed at a job interview?

An interviewer can ask an applicant about anything that is relevant to the position. Any questions which are irrelevant to the position may be illegal and discriminatory if the applicant is not appointed.

• What cannot be discussed in a job interview?

If the subject is of a personal nature to the employee and doesn't pertain to the duties of the job, then the interviewer cannot ask about it. Inappropriate subjects include: personal finances, sexual orientation and activity, political affiliations and medical history.

• What are the interview questions' restrictions about personal subjects that may be work-related?

Again, the general rule is that any questions asked must deal with the ability of the applicant to perform the tasks of the job.

Anything beyond that could be considered discriminatory. An employer can describe the demands of the position and then ask if the applicant is able to meet those demands. The interviewer need only know whether the applicant can perform the job, not the exact reasons why the applicant cannot perform the job.

It is vital to keep notes that provide a summary of the proceedings of an interview. Also note why a particular applicant was unsuitable. These notes will be invaluable should a candidate bring a CCMA case against you.

If you find this useful , feel free to share it in social media. 

Regards,
Emma