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CONDITIONS OF EMPLOYMENT AUDIT

 

SELECTION AND RECRUITMENT PRACTICES, PROCEDURES AND POLICIES

 

Review Employment Policies, Practices, Procedures and Working Environment

A review of all employment policies, practices, procedures, and of the working environment should be undertaken in order to identify any barriers that may be responsible for the under-representation or under-utilisation of employees from designated groups. The review should include a critical examination of all established policies, practices, procedures and working environment. These would include:

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Employment policy or practices, such as recruitment, selection, pre-employment testing, and induction that could be biased or inappropriate;

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Practices related to succession and experience planning, and related promotions and transfers;

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Current training and development methodologies and strategies;

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Remuneration structures and practices such as equal remuneration for work of equal value;

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Disciplinary practices that may have a disproportionately adverse effect on employees that may not be justified;

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The number and nature of dismissals, voluntary terminations and retrenchments of employees from designated groups that may indicate internal or external factors contributing to such terminations;

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Corporate culture, which may be characterised by social and other practices;

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Practices relating to the management of HIV/AIDS in the workplace, to ensure that people living with HIV/AIDS are not discriminated against; 

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Any other practices or conditions that are tabled arising out of the consultative process;

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All practices will be assessed in terms of cross-cultural and gender fairness;

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The review takes into account more subtle or indirect forms of discrimination and stereo-typing which could result in certain groups of people not being employed in particular jobs, or which could preclude people from being promoted. Examples would include pregnancy, family responsibility, exclusionary social practices, sexual harassment, and religious or cultural beliefs and practices.

 

Advertising Practices

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Medium of Advertising

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Content Wording

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Where advertisements are placed

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Use of Recruitment Agencies / Labour Brokers

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Selection Criteria

 

Recruitment Procedures

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Pre-employment application form

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Pre-employment testing (Behavioural and medical)

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Identification of core requirements

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Interview process. Analysis of questions posed and why the information is sought

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Selection criteria (Job description and Job Specification)

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Method of selecting potential applicants

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Practice regarding reference checking

 

Unsolicited CV's

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Policy on what to do with unsolicited CV’s

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Policy on dealing with unsolicited CV’s in relation to no job vacancies

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Policy on dealing with unsolicited CV’s in relation to vacancies available

 

Selection Criteria

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Interview procedure

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Pschometric / Behavioural / Integrity tests (Polygraphs)

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Simulation exercises

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Job sampling

 

Appointment and Process

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Decision to employ or reject

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Does the policy eradicate nepotism or unfair favouritism

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Letters of regret

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Letters of appointment in terms of Basic Conditions of Employment Act  

 

Job Classification

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Job titles

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Job description

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Job specification – minimum acceptable human qualities necessary to perform        

Remuneration

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Assess pay differentials in each occupational category and job group (horizontal pay distinctions)

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Analyse vertical pay differences in terms of established practices which justify distinctions on the basis of responsibility, individual competency, individual worth and effort in the performance of the job

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Examine practices or policies applicable in respect of productivity related pay

 

Terms and Conditions of Employment

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Practices with regard to Probationary Period and extensions thereof

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Practice with regard to the issue of Certificates of Service and the wording thereof

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Policy regarding period of Notice to Terminate Employment Contract

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Practice with regard to Employees Who Fail to give Requisite Notice to terminate

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Evaluate policy in respect of Letters of Reference

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Employing Family Members

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Hours of work

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Arrangement of Shift Rotation.(COGP)

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Overtime policy

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Agreement to Work Overtime. (S10 BCEA)

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Provision of Meal Intervals

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Work on Sundays and Public Holidays

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Leave Policy

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Employee Deductions 

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Disciplinary Code and Procedure

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Grievance Procedure

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Media Contact

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Dress Code

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Grading

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Incentive Bonus Schemes

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Relocation costs

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Long Service Awards

Job Assignments

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Method of selecting candidates for acting position. 

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The period of the acting position. 

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Whether there is a creation of legitimate expectation to be appointed permanently in the position

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Policy with regard to method of assigning employees on any specific projects or tasks and how this is interpreted in respect of future promotion

 

Training and Development

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Practice regarding measurement of the aptitude of employees in order to select suitable employees for training

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Policy regarding the development of suitably qualified persons who demonstrate potential

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Policy in respect of costs of training and repayment for those costs if the employee resigns midway during the training programme; or 

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Completes the training, but resigns before the company has received the benefit from the investment

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Bursary awards/Study loan agreements 

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Who is eligible for a bursary

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Has preference been given in the past to the children of employees

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Policy in regard to religious accommodation

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Policy in regard to language training

 

Individual Performance Evaluation

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Is a policy of performance appraisal in place

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At what level and to whom does it apply

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How is the system implemented

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Is there an appeal procedure

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Is the policy linked to the Grievance Procedure

 

Promotions 

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Policy to assess potential candidates for promotion

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What are the applicable criteria

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Policy of advertising internally to invite suitable candidates for the position

 

Transfers

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What are the objective criteria used to select an employee for transfer

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What are the reasons for such transfers and are employees invited to apply

 

Demotion

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Assess reasons for demotions and what will warrant demotion as a disciplinary measure

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Does the policy make provision for down grading in rate of pay

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Are demotions effected with employee’s consent

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Does the practice permit the employee upon tangible improvement to become eligible for transfer and promotion where suitable vacancy occurs

 

Disciplinary Procedures - Short of Dismissals

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Suspension without pay as a disciplinary sanction with the employee’s consent

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Demotion with the employee’s consent

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Policy of reviewing outcomes of disciplinary action to ensure consistency of treatment in terms of substantive and procedural fairness

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Policy of allowing an appeal hearing where an employee disputes the basis for the issue of a disciplinary warning

 

Grievance Issues

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The existence of an appropriate grievance procedure applicable to all employees

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Existence of a grievance or similar procedure to ensure opportunity to employees to raise “sensitive issues” in a “safe environment”

Dismissals

A comprehensive analysis of the company’s Disciplinary Code and Procedure, including the following:

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Does it apply to all employees regardless of seniority, race, bargaining unit classification

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Does it provide a code which stipulates the possible sanctions for breaches of standards of behaviour;

Has the he policy properly communicated to all employees and if so?;
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How is this achieved?

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Is there a policy / procedure governing incapacitation for ill-health reasons?

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Is there a procedure that could lead to termination of service in appropriate circumstances?

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Is there a policy governing poor work performance?

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Is there a uniform approach in place in dealing with incompatibility as a ground for possible dismissal?

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Was the Code of Good Practice: Schedule 8: Dismissals been followed during the last dismissals?

 

Retrenchment Procedures

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Is the application of the retrenchment policy applicable to all employees regardless of seniority

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Applicable severance pay, does it comply with the BCEA and the LRA

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Have the provisions of the Act been followed during the past retrenchment process  

Electronic Communication Policy 

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Does the company have an electronic communication policy

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Which prohibits employees from sending inappropriate racist or sexist jokes and material across the company’s e-mail facility

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Is the breach of such standard of behaviour included as a disciplinary transgression in terms of the Disciplinary Code and Procedure

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Does the company have a policy preventing employees from using unauthorised passwords to access computer systems

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Does the company reserve the right to access an employee’s e-mail facility to ensure that there is compliance with its standards of e-mail usage

 

Conflict of Interest

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Does the Disciplinary Code and Procedure guard against conflicts of interest

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Insider trading

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Divulging confidential information

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Moonlighting

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Accepting gifts for favour or as a reward

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Entertainment and other favours.

 

Discrimination and Harassment

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Is there a policy discouraging sexual or racial harassment 

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Does the Disciplinary Code and Procedure contain reference to disciplinary measures, including dismissal, for racial or sexual harassment 

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Does the procedure allow victims of harassment to raise their grievances in a “safe environment” free from victimization or taint 

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Does such procedure allow a victim to channel the grievance in a private, informal way but protects the company’s right to institute formal discipline against the alleged offender 

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Do these policies ensure that offenders can face possible dismissal for indulging in sexual or racial harassment

 

Health and Safety
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Is there a health and safety policy in place in compliance with the provisions of the Occupational Health and safety Act (OHSA)

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Is there a health and safety agreement in place in compliance with the provision of the OHSA 

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Is an appropriate structure in place to ensure that liability is maintained at the appropriate level (backed by appropriate resolutions of the board) 

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Is there compliance with any compulsory or voluntary Codes of Practice in terms of the OHSA 

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Is there a policy/guideline on preparation for and holding of investigations and inquiries, including preparing of initial (internal) reports and subsequent communications with the Department of Labour (DOL) 

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Is there a policy on the company’s support of employees who are prosecuted for health and safety related offences 

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Is an appropriate audit process/committee established to ensure ongoing compliance with the OHSA  

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Is there an effective communication policy between the company and the employees/employee representatives, including all aspects of education and training

 

Check all policies, practices and procedures in respect of:

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Risk identification and assessments

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Training and communications

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Supervision

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The implementation of systems to control risk assessment and the consistent enforcement of health and safety standard, which must be incorporated in the Disciplinary Code and Procedures

 

Medical Testing

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Has the company implemented a policy on medical testing based on the inherent requirements of the job

 

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