AC Mock Trial - The Assessment Centre Practitioner and South African Law
Background
We all want to be law abiding citizens, and we definitely want to uphold the highest ethical standards in our profession. However, the South African legal landscape is complex, especially when it comes to labour legislation. Specifically, assessment centre practitioners work with a process that impacts high-stakes decisions. Assessment centres are used to provide information that is used in hiring, promotion and other decisions that potentially permanently influence participants’ futures.
Not only do assessment centre practitioners want toenable fair and unbiased decisions through the information they provide to decision-makers, but they also want assessment centre participants to experience the process as transparent, fair, and unbiased.
But is this dream of an assessment centre to not only being experienced, but also to be showed to be transparent, fair and unbiased, a reachable dream?
This workshop will consist of two components, a morning and afternoon session
Morning Session
We will answer this question by exploring the types of legal challenges against assessment centres in the United States and Europe and the lessons we can potentially learn. We will create a framework to understand the South African labour law and litigation landscape. We will explore the legal implications of this landscape from the perspectives of the three most important stakeholders at an assessment centre, namely the client organisation (the employer), the participant being assessed; and the assessment centre practitioner. We will look at South African legal cases involving employment assessment and we will position the legal framework as the minimum standards required for transparent, fair and unbiased practice. Conducting, assessment centres that adhere to the legal requirements might not be enough to ensure that the spirit of transparency, fairness and being unbiased is adhered to. To adhere to the spirit of these constructs potentially also involves adhering to the Codes of Ethics for Assessment Centres. Ethical behaviour can possibly be seen as the aspiration of the ethical assessment centre practitioner.We will explore the relationship between legislation and ethics through a practical case study.
Afternoon Session
We will review a second case study related to an assessment centre used for selection purposes. Participants will examine relevant employment laws and regulations governing the selection processes, such as the Labour Relations Act and the Employment Equity Act in South Africa. Guidance will be provided on the legal obligations imposed on employers to ensure fair and non-discriminatory employment practices.
Conclusion
To have an assessment centre perceived and showed to be transparent, fair and unbiased requires strict adherence to the legal framework and, in addition to the Codes of Ethics.
We all want to be law abiding citizens, and we definitely want to uphold the highest ethical standards in our profession. However, the South African legal landscape is complex, especially when it comes to labour legislation. Specifically, assessment centre practitioners work with a process that impacts high-stakes decisions. Assessment centres are used to provide information that is used in hiring, promotion and other decisions that potentially permanently influence participants’ futures.
Not only do assessment centre practitioners want toenable fair and unbiased decisions through the information they provide to decision-makers, but they also want assessment centre participants to experience the process as transparent, fair, and unbiased.
But is this dream of an assessment centre to not only being experienced, but also to be showed to be transparent, fair and unbiased, a reachable dream?
This workshop will consist of two components, a morning and afternoon session
Morning Session
We will answer this question by exploring the types of legal challenges against assessment centres in the United States and Europe and the lessons we can potentially learn. We will create a framework to understand the South African labour law and litigation landscape. We will explore the legal implications of this landscape from the perspectives of the three most important stakeholders at an assessment centre, namely the client organisation (the employer), the participant being assessed; and the assessment centre practitioner. We will look at South African legal cases involving employment assessment and we will position the legal framework as the minimum standards required for transparent, fair and unbiased practice. Conducting, assessment centres that adhere to the legal requirements might not be enough to ensure that the spirit of transparency, fairness and being unbiased is adhered to. To adhere to the spirit of these constructs potentially also involves adhering to the Codes of Ethics for Assessment Centres. Ethical behaviour can possibly be seen as the aspiration of the ethical assessment centre practitioner.We will explore the relationship between legislation and ethics through a practical case study.
Afternoon Session
We will review a second case study related to an assessment centre used for selection purposes. Participants will examine relevant employment laws and regulations governing the selection processes, such as the Labour Relations Act and the Employment Equity Act in South Africa. Guidance will be provided on the legal obligations imposed on employers to ensure fair and non-discriminatory employment practices.
Conclusion
To have an assessment centre perceived and showed to be transparent, fair and unbiased requires strict adherence to the legal framework and, in addition to the Codes of Ethics.