Discretion Versus Discrimination

The recruitment and selection processes are critical operational aspects of any organisation. Although employers generally have complete discretion in determining whom to appoint for a respective position, there are exceptions to how this discretion can be implemented. If a prospective candidate is not appointed due to unfair or irrational reasons, there may be adverse legal implications.

South African labour law, specifically the Employment Equity Act (EEA), protects prospective employees by promoting equal opportunities and fair treatment in employment. Employers are obligated to take steps to promote equal opportunities in the workplace by eliminating unfair discrimination in any employment policy or practice. This obligation is also incumbent on recruitment processes. Therefore, employers must be wary of the potential consequences of unfair and irrational recruitment processes.