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Article 19/2022

What was the scoring approach adopted by the employer, when it utilised psychometric testing, in Pratten v Afrisun KZN (Pty) Ltd (2020) 31 SALLR 159 (LC)?

In what sequence should technical and behavioural competencies be assessed?

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The labour court adopted the following process:

  • there is no requirement that technical and behavioural competencies should be considered in a specific order, as long as the technical competencies and the behavioural competencies were evaluated, the order in which this was done does not matter
  • the results of behavioural competencies so achieved by means of psychometric testing should not be interpreted with any other criteria, such as long service, qualification, experience, etc – a mechanical and not a clinical data combination process should be adopted.  Evidence was led that, even if done by experts, if such other factors are taken into account, more than 50% loss in validity is to be experienced
  • the process of calculating the scores, once the psychometric questionnaires were completed by pencil, was executed by Psytech South Africa, which entailed the use of an optical scanner to scan the questionnaires so as to avoid human error
  • scores were produced by a computer without any human intervention in the entire process
  • Psytech South African provided the industrial psychologist with percentile scores (scores out of 100 for each construct), which scores he inserted into a programme that computed the ranking required, again without any human intervention
  • in executing the psychometric testing, the industrial psychologist applied synthetic validity, entailing making sure that every step in the process is valid – for example, ensuring that the administration component of the test is validly executed and not proceeding further unless such objective was achieved
October 19, 2026

Section 41(2) of the BCEA regulates the entitlement of an employee, dismissed for reasons based on the employer’s operational requirements, to severance pay.

In terms of s41(4) of the BCEA, an employee, who unreasonably refused to accept the employer’s offer of alternative employment with that employer or any other employer, is not entitled to severance pay ito s41(2).

How does the assistance provided by the retrenching employer to a retrenched employee affect such employee’s entitlement to severance pay?

October 12, 2026

What is the short test to be applied to determine whether there is compliance with the reasonable decision-maker test?

When determining whether or not the arbitrator of the CCMA or bargaining council behaved like a reasonable decision-maker, what are the ‘questions to be asked’?

What is the test recently applied to determine whether an arbitration award should be set aside on review?

October 5, 2026

In the scenario where a group of employees, participating in a demonstration, picket, strike, etc, are participating in unlawful conduct, but a number of other employees, who are also participating in such demonstration, picket, strike, etc, are not participating in such unlawful conduct, will the employer be entitled to obtain an interdict against both groups of such employees?