Quote Originally Posted by HR Solutions View Post
Vanash - I hear what you say regarding the law, but lets really be reasonable about it. A person comes in for an interview for a specific job. Interview takes place and they have not even started, no contract has been signed, but they feel it necessary for a CCMA case ??
I as an employer would test the waters on this one and would be happy to see if they got it right. Surely an employer must also be happy with the person that they eventually hire, they have to work together with the person, perhaps socialise with the person etc etc. They have to feel totally comfortable with the person.





I think you have summed it up here. "For obvious reasons"
I do understand your position, and, all the practical problems that can arise i.e. 100's go for an interview, surely they all can't claim something untoward as only 1 can obtain the position. That said, our law does make provision for an employment applicant as opposed to an employee.
The real problem and challenge for HP10bii, if the advice given at #8 is pursued, is to demonstrate that an ‘unspecified ground,’ exists. This in itself is not an easy task. The next hurdle is that an enquiry of that nature has three stages, each of which poses its own legal hurdles