Selection criteria South African labour law

1 selection criteria

1.1 seniority
1.2 conduct
1.3 efficiency, ability, skills, capacity, experience, attitude work , productivity
1.4 attendance
1.5 bumping
1.6 retirement
1.7 volunteers

selection criteria

employees must selected dismissal in terms of selection criteria have either been agreed upon or fair , objective.

this means criterion should not arbitrary; must relevant, in relates conduct of employee, such length of service, ability, capacity , needs of business.

the following criteria commonly used:

seniority;
conduct;
efficiency, ability, skills, capacity, experience, attitude work , productivity;
attendance;
bumping;
retirement; and
volunteers.

seniority

this last in, first out or lifo principle. long-serving employees retained @ expense of shorter service in similar or less-skilled categories of work. method minimises use of subjective judgment decide shall retrenched. why favoured unions.

the code acknowledges lifo fair , objective criterion, provides should not operate undermine agreed affirmative-action programme.

exceptions may include retention of employees based on criteria (like special skills) fundamental successful operation of business.

conduct

this criterion fair , objective if based on objectively determined conduct, attendance records , previous warnings, , if employee @ times made aware employer found such conduct unacceptable.

efficiency, ability, skills, capacity, experience, attitude work , productivity

these criteria favored employers. regarded objective, provided not depend solely upon opinion of person making selection, can objectively tested.

furthermore, may used if employee knew employer considered them important.

attendance

this criterion allowed if can proved employee knew employer regarded absences work seriously.

bumping

if retrenchment affect 1 department in enterprise, practice retrench on lido basis , drain off remaining employees in department other departments.

retirement

employees have reached minimum retirement age may identified first population retrenchment. after these employees have been retrenched, lifo used. criterion applied in jobs require level of fitness , strength.

volunteers

parties may agree employer first ask volunteers before embarking on selection process.