Psychometric Testing as an Unfair Labour Practice

1986 ◽  
Vol 16 (3) ◽  
pp. 79-86 ◽  
Author(s):  
J.M. Taylor ◽  
E.J. Radford

The concept of unfair labour practice has been introduced into South Africa through the Labour Relations Act and it is argued that certain psychometric testing practices can be interpreted as falling under the definition of an unfair labour practice. Empirical results are presented indicating that different ethnic groups obtain significantly different mean ability test scores. A case-study is cited to show that this would result in underprediction of performance on a criterion for the lower scoring of two groups if test scores are regarded as comparable. It is argued that any interpretation of psychometric data in South Africa that does not take account of possible differences between ethnic groups is likely to ignore a significant moderator variable, given the history of ethnically based discriminatory practices in this country. Arguments based on meta-analytical research in the USA, to the effect that psychometric ability tests do not discriminate unfairly against disadvantaged groups if the same tests and norms are used, should not be assumed to hold in South Africa. Various conceptions of what constitutes fairness in selection are considered, and it is concluded that there is a need for employers to make explicit in their selection policies the trade-off between economic and social costs of employment practices. Finally, some implications for users of psychometric tests in industry are considered, in order to forewarn of likely developments in this field.

Author(s):  
Thandekile Phulu

In South Africa employees are protected by various pieces of legislation. Section 23 of the Constitution of the Republic of South Africa 1996 provides for a right to fair labour practice. In its preamble the Labour Relations Act 66 of 1995 (hereafter referred to as the LRA) states that the purpose of the Act is to advance economic development, social justice, labour peace and democratisation of the workplace. The LRA also states that one of its objectives is to give effect to and regulate the fundamental rights conferred by section 27 of the Constitution. The Occupational Health and Safety Act as amended by the Occupational Health and Safety Amendment Act 181 of 1993 provides for the health and safety of persons at work and for the health and safety of persons in connection with the use of plant and machinery. The LRA provides for dismissal for incapacity and dismissals for misconduct. It also differentiates between the two. The LRA provides for both substantive and procedural fairness when dismissing an employee for incapacity and misconduct. This paper will examine the rationale behind differentiating between dismissal for drunkenness and dismissal for alcoholism.


1999 ◽  
Vol 25 (3) ◽  
Author(s):  
B. Bedell ◽  
R. Van Eeden ◽  
F. Van Staden

This article deals with the recognition of cultural variation and related variables as moderators of psychological test performance in South Africa. Attention is paid to historical approaches, present issues and trends emerging in this field. The studies discussed include those on cognitive and personality tests and factors surrounding their use and interpretation. The comparability of test scores and how this relates to bias and fairness are discussed. Related perspectives from industry and questions as to future options regarding assessment are also raised. Opsomming Hierdie artikel handel oor die erkenning van die moderator- of bemiddelingsrol wat kulturele variasie en verwante veranderlikes speel by sielkundige toetsprestasie in Suid Afrika. Aandag word geskenk aan histonese benaderings, huidige kwessies en neigings wat in die veld ontstaan. Studies van kognitiewe en persoonlikheidstoetse en faktore wat hierdie toetse se gebruik en interpretasie omvou, word bespreek. Die verband tussen die vergelykbaarheid van toetscellings en sydigheid en billikheid word aangedui. Verwante sienings vanuit die nywerheidswêreld, en vrae oor toekomstige moontlikhede met betrekking tot evaluering word ook gelug.


Author(s):  
Shamier Ebrahim

The interpretation to be accorded to the term benefits in section 186(2)(a) of the Labour Relations Act 66 of 1995 (the "LRA") has come before the Courts on several occasions. In terms of section 186(2)(a) of the LRA any unfair act or omission by an employer relating to the provision of benefits to an employee falls within the ambit of an unfair labour practice. In Schoeman v Samsung Electronics SA (Pty) Ltd[1] the Labour Court (the "LC") held that the term benefit could not be interpreted to include remuneration. It stated that a benefit is something extra from remuneration. In Gaylard v Telkom South Africa Ltd[2] the LC endorsed the decision in Samsung and held that if benefits were to be interpreted to include remuneration then this would curtail strike action with regard to issues of remuneration. In Hospersa v Northern Cape Provincial Administration[3] the issue regarding the interpretation of the term benefits did not relate to whether or not it included remuneration but rather to whether it included a hope to create new benefits which were non-existent. The Labour Appeal Court (the "LAC") held that the term benefits refers only to benefits which exist ex contractu or ex lege but does not include a hope to create new benefits. The LAC adopted this approach in order to maintain the separation between a dispute of interest and one of mutual interest, the latter being subject to arbitration whilst the former is subject to the collective bargaining process (strike action). In Protekon (Pty) Ltd v CCMA[4] the LC disagreed with the reasoning in Samsung and held that the term remuneration as defined in section 213 of the LRA is wide enough to include payment to employees, which may be described as benefits. The LC remarked that the statement in Samsung to the effect that a benefit is something extra from remuneration goes too far. It further remarked that the concern that the right to strike would be curtailed if remuneration were to fall within the ambit of benefits need not persist. It based this statement on the reasoning that if the issue in dispute concerns a demand by employees that certain benefits be granted then this is a matter for the collective bargaining process (strike action) but where the issue in dispute concerns the fairness of the employer’s conduct then this is subject to arbitration.[5] It is then no surprise that the issue regarding the interpretation of the term benefits once again came before the LAC in Apollo Tyres South Africa (Pty) Limited v CCMA & others.[6] The LAC was tasked with deciding if the term could be interpreted to include a benefit which is to be granted subject to the discretion of the employer upon application by the employee. In deciding this, the LAC overturned the decisions in Samsung and Hospersa and opted to follow the decision in Protekon. Apollo is worthy of note as it is the latest contribution from the LAC regarding the interpretation of the term benefits and it is of binding force for the Commission for Conciliation Mediation and Arbitration and Labour Courts in terms of the principle of stare decisis. The purpose of this note is threefold. Firstly, the facts, arguments and judgment in Apolloare stated briefly. Secondly, the judgment is critically analysed and commented upon. Thirdly, the note concludes by commenting on the way forward for benefit disputes in terms of section 186(2)(a) of the LRA. 


2019 ◽  
Vol 35 (2) ◽  
pp. 206-216 ◽  
Author(s):  
Stephen A. Woods ◽  
Daniel P. Hinton ◽  
Sophie von Stumm ◽  
James Bellman-Jeffreys

Abstract. In this study, we examine the associations of the scales of the California Psychological Inventory (CPI; a measure of personality traits) with intelligence measured by four cognitive ability tests, completed by a sample of 4,876 working adults. We framed our analyses of the correlations around the investment perspective on the personality-intelligence relationship that proposes traits are associated with investment in intellectual activity, which develops cognitive abilities over time. In particular, we report associations between investment-related scales (Intellectual Efficiency, Flexibility, Achievement via Independence, Psychological-mindedness, and Tolerance) and a higher-order personality factor (Originality) of the CPI with intelligence measured at broad and narrow levels of abstraction. We found positive associations between investment-related scales, and Originality with observed ability test scores and factor g extracted from test scores. We found positive associations of traits with unique variance in verbal ability measures, but negative with measures of quantitative and visuospatial abilities. Our study extends the literature on investment theories of intelligence-personality relations, is the first study to examine the associations of multiple scales of the CPI with intelligence measures, and adds much needed data to the literature from a working adult sample.


2010 ◽  
Author(s):  
Jonas W. B. Lang ◽  
Martin Kersting ◽  
Ute R. Hulsheger

2021 ◽  
Author(s):  
Tibor Guzsvinecz ◽  
Éva Orbán-Mihálykó ◽  
Cecília Sik-Lányi ◽  
Erika Perge

AbstractThe interaction time of students who did spatial ability tests in a virtual reality environment is analyzed. The spatial ability test completion times of 240 and 61 students were measured. A desktop display as well as the Gear VR were used by the former group and by the latter one, respectively. Logistic regression analysis was used to investigate the relationship between the probability of correct answers and completion times, while linear regression was used to evaluate effects and interactions of following factors on test completion times: the users’ gender and primary hand, test type and device used. The findings were that while the completion times are not significantly affected by the users’ primary hand, other factors have significant effects on them: they are decreased by the male gender in itself, while they are increased by solving Mental Rotation Tests or by using the Gear VR. The largest significant increment in interaction time in virtual reality during spatial ability tests is when Mental Rotation Tests are accomplished by males with the Gear VR, while the largest significant decrease in interaction time is when Mental Cutting Tests are completed with a desktop display.


2021 ◽  
Vol 6 (1) ◽  
pp. e004068
Author(s):  
Po Man Tsang ◽  
Audrey Prost

BackgroundMany countries aiming to suppress SARS-CoV-2 recommend the use of face masks by the general public. The social meanings attached to masks may influence their use, but remain underinvestigated.MethodsWe systematically searched eight databases for studies containing qualitative data on public mask use during past epidemics, and used meta-ethnography to explore their social meanings. We compared key concepts within and across studies, then jointly wrote a critical synthesis.ResultsWe found nine studies from China (n=5), Japan (n=1), Mexico (n=1), South Africa (n=1) and the USA (n=1). All studies describing routine mask use during epidemics were from East Asia. Participants identified masks as symbols of solidarity, civic responsibility and an allegiance to science. This effect was amplified by heightened risk perception (eg, during SARS in 2003), and by seeing masks on political leaders and in outdoor public spaces. Masks also acted as containment devices to manage threats to identity at personal and collective levels. In China and Japan, public and corporate campaigns framed routine mask use as individual responsibility for disease prevention in return for state- or corporate-sponsored healthcare access. In most studies, mask use waned as risk perception fell. In contexts where masks were mostly worn by patients with specific diseases (eg, for patients with tuberculosis in South Africa), or when trust in government was low (eg, during H1N1 in Mexico), participants described masks as stigmatising, uncomfortable or oppressive.ConclusionFace masks can take on positive social meanings linked to solidarity and altruism during epidemics. Unfortunately, these positive meanings can fail to take hold when risk perception falls, rules are seen as complex or unfair, and trust in government is low. At such times, ensuring continued use is likely to require additional efforts to promote locally appropriate positive social meanings, simplifying rules for use and ensuring fair enforcement.


1984 ◽  
Vol 11 (2) ◽  
pp. 109-114 ◽  
Author(s):  
R. A. Taber ◽  
R. E. Pettit ◽  
G. L. Philley

Abstract A foliar disease of peanuts, previously unreported in the USA, was found in Texas in 1972. The pathogen was identified as a species of Ascochyta. Further cultural studies have revealed this fungus to be Phoma arachidicola Marasas, Pauer, and Boerema. Pycnidia form profusely at 20 C and 25 C. Pycnidiospores are borne on short pycnidiosphores and are predominantly one-celled in culture. Spores produced in pycnidia on infected leaflets become 1 septate. Large 1-septate spores, as well as an occasional 2-septate spore, may form in culture. Optimum temperature for mycelial growth in 20 C; little or no growth occurs at 5 C or above 30 C. The teleomorphic state develops in the field on fallen leaflets and can be induced to form in the laboratory on sterilized peanut leaflets between 15 and 20 C. Cultures derived from single ascospores form pseudothecia. Pycnidiospores, ascospores, and chlamydospores are all infective units. Because this fungus produces hyaline ascospores and pseudoparaphyses, it has been transferred to the genus Didymella as Didymella arachidicola (Choch.) comb. nov. Comparisons with 15 isolates causing web blotch of peanut in the USA, Argentina, and South Africa indicate that web blotch symptoms are produced by the same fungal species.


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