Is Not Hiring Someone Because You Know There Will Be Conflict Illegal

What is nepotism?

Nepotism in the workplace refers to a form of unfair workplace process and/or discrimination, when family members or friends of a director are appointed into a job vacancy not purely for their skills, experience or noesis.

Other or possible more suitable candidates are intentionally ignored and/or rejected due to the desire or ulterior motives to appoint a family fellow member or friend for personal gain and/or possible kickbacks. In terms of the Employment Equity Act (EEA) this is a form of unfair discrimination and could pb to favouritism resulting in poor working relationships, lowered morale, dissatisfaction and unfair labour practices.

Nepotism in the workplace is non just unethical but creates conflict of interest. The non-disclosure of a close personal relationship with someone being interviewed for employment results in a conflict of interest between an employee and an employer and is a dismissible offence.

Is nepotism confronting the law?

South Africa does have laws that forestall hiring the family unit members of the politically connected to win work and carry political favour. It probably appears that this is not the case for ii reasons.

Showtime, family members of the politically connected have their ain lives, qualifications, skills and interests. Information technology would be unfair for the constabulary to ban the hiring of people simply because their family members are politically connected. However, when a person is hired to secure authorities work and non because he or she is the best for the chore, and then a line has been crossed and the company that hired them is guilty of abuse.

Yet, in that location is no prohibition in labour law to appoint family unit members or friends. All the same, it could be an unfair labour practice and/or unfair discrimination in terms of the EEA which makes it then unlawful. It will be considered to be the latter if the engagement is made outside the formal recruitment and selection procedures and practices

In Coega Evolution Corporation (Pty) Ltd v CCMA and Others (2016) 37 ILJ 923 (LC) the Labour Court found that a senior employee was under an obligation to brand full disclosure of her close personal relationship with two applicants for employment earlier the selection occurred.  She was required to recuse herself from the option process. Her failure to do so, placed her in conflict with her employer'south interests.

After being charged with conflict of involvement amounting to gross misconduct, the employee was dismissed. The Commission for Conciliation, Mediation and Mediation (CCMA) plant that her dismissal was substantively unfair considering she was not guilty of misconduct.

Still, on review, the Court found that the employee'due south actions amounted to serious misconduct. Accordingly, the dismissal was establish both procedurally and substantively fair for the following reasons:

• Employees are under an obligation to make a full and frank disclosure of any personal dealings with applicants for employment;
• The failure to make such a disclosure places the employee in a disharmonize of involvement with the employer;
• A personal connection with an applicant results in a favourable enhancement of the employment application;
• Treating chore applicants with favouritism amounts to serious misconduct; and
• The sanction of dismissal is warranted in cases of conflict of involvement which amounts to serious misconduct.

The Labour Courtroom said the post-obit:

"It amounts to nepotism and corruption to become involved in the recruitment process of people to whom you feel favourable, in circumstances where you lot practice not fill up disclosure."

Conflicts of involvement and nepotism tin can exist avoided when employees remain impartial in all dealings with the engagement of applicants for employment.  Therefore, both employers and employees should exist vigilant regarding such practices and the sanctions warranted in the circumstances.

How can you lot spot nepotism in the workplace?

Nepotism can feel like favouritism and, at its worst, as already alluded earlier, can become a form of discrimination in the workplace.

i. Qualifications

Nepotism rears its ugly head when the private hired/appointed is non even qualified. Then, was the person hired because he/she is qualified and an fantabulous fit for the position? Does he/she have years of feel in it or maybe a degree and is getting his/her career started?

2.  Valuable social and intellectual capital

Does this individual have valuable social and intellectual upper-case letter from years of evolution for the position (succession planning)? And so, in that example, information technology is not nepotism.

3.  Evading responsibility without consequences

Information technology is nepotism when family unit members or friends are non disciplined for evading the responsibilities of their job or not beingness disciplined consistently for misconduct.

4.  Unequal performance reviews

It is also definitely nepotism when employees are not receiving equal or fair performance reviews. In other words, if an employee is provided with more disquisitional feedback than the family member or friend, even if the latter is the one in need of information technology.

5.  Unprofessional behaviour

This is a crimson flag considering if the family member or friend are behaving in an unprofessional way and getting away with it then do not respond in kind. Other employees or co-workers should focus on their professionalism and resist acting out, slacking, telling someone off, or gossiping with co-workers who could repeat their words, all will come dorsum to haunt that co-gossiping co-worker later.

six.  Being overlooked regularly

If an employee is overlooked regularly, say, for a specific project, promotion, or bacon increment, for a less qualified employee then it is nepotism. In this case, information technology can make information technology that much harder for the employee to recognise his/her own accomplishments.

vii.  Not enforcing documented guidelines

If there are clear, documented guidelines, such every bit in an employee handbook, or recruitment and pick policy that are not being followed for family members or friends. This provides a strong case for nepotism in the workplace because handbooks or policies are provided for employees and management to follow. If an employee is being disciplined besides harshly or not getting a take chances for opportunities, the employee is facing bigotry.

eight.  Family members do not work their way up

This as well goes beyond just favouritism because it hinders other employees' ability to climb the career ladder in the workplace and stunts those employees' career growth.

9.  Family members are earning more, perhaps fifty-fifty with less experience

Equal pay is an important policy, non simply for budgeting purposes, but also for employee morale. Unequal pay cannot be kept a secret. There are means to accost unequal pay, but this is perhaps a topic for another article.

How can you betrayal nepotism in the workplace?

1.  Certificate whatever instances of perceived nepotism

If an employee plans on speaking to the Human Resources Department (60 minutes) when he/she realises that the situation goes beyond the manager playing favouritism. It is best to have notes of of import elements. Generic complaints will non go the instance very far, and then it is important to have details such every bit dates of exchanges, dialogues and other circumstances regarding any events.

ii.  Gather the co-workers' experiences and impressions

However, this must exist done without raising whatsoever reddish flags. Try doing so with some casual chatting at first. Intertwine other cases of nepotism in the workplace into conversations and ask probing questions regarding workplace happiness, workload and handling from managers.

3.  Prepare for a possible backlash

It is important to prepare for the worst equally well. If an employee intends to speak to 60 minutes, then that employee must be sure that his/her operation is meridian-notch just in example of a possible backlash. Remember, this could make that employee a whistle-blower and it could brand the employee a target for extra scrutiny, unfair evaluations and non-so-keen assignments.

4.  Schedule a confidential appointment with Hr

An employee may have reached the time when to circumvent usual procedures, particularly if the employee's complaint involves whatsoever direct managers/supervisors.

5.  Accept advantage of therapeutic outlets

At that place are a lot of myths most therapy, but information technology is important that the employee who exposes nepotism in the workplace, maintains her/his own stress levels and permit him/herself to accept time alone to unwind.

By identifying and reporting nepotism in the workplace, discrimination is being highlighted, which negatively impacts employee morale, job performance and relationships amid employees. It may non be an easy step to brand but it will make the reporting employee a bolder, braver, more confident employee for standing up for what is right.

Wallace Albertyn is a Senior Acquaintance and Legal Advisor at LabourMan Consultants.

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Source: https://labourman.co.za/nepotism-and-its-dangers-in-the-workplace/

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