Allegation: The Competition Commission of South Africa (CompComSA) performs in contravention of the Competition Act and S23.1 of the Constitution.
- CompComSA recruitment reduces fair market competition for talent and denigrates Constitutional rights
- CompComSA refuses to respond to complaints about widespread recruitment maleficence resulting in labour market failure
- CompComSA shared an advert for a vacancy on Linkedin. They failed to be upfront about pay and created an unfair information advantage by forcing applicants to divulge ‘cost to company.’
The vacancy at CompComSA:
The application form stipulating the rival firm pay disclosure requirement:
The issues with CompComSA’s recruitment process:
- They were not upfront about pay, increasing opportunity for an unfair offer and prejudiced selection criteria negatively impacting on the quality of candidates shortlisted.
- CompComSA uses applicants to conduct illicit wage surveys by not being upfront and making divulging pay information a requirement for participating in their recruitment process
- Lack of pay transparency and the demand for ‘cost to company’ information creates an asymmetric information advantage compromising applicant opportunity to a fair recruitment process as is required by S23.1 Constitution: Everyone is entitled to fair labour practices. Job applicants do not view the lack of pay transparency as an equal advantage.
- The CompComSA conduct is not in accord with the Competition Act:
- by demanding rival firm pay they unfairly access competitor information also implicating job applicants in industrial espionage
- CompComSA creates an opportunity for breach of trust if they cannot guarantee against using such disclosures against the candidate to perpetuate low wages and coerce them into accepting an unfair offer
- Agreeing to a salary range with other firms is unfair practice and illegal according to CompComSA’s statement on cartels:
- Price-fixing talent denies applicants the right to pursue better economic opportunity in a free economy embracing Constitutional values.
- CompCommSA privacy statement indicates that confidential wage information is shared with third party organisations, thereby continuing the trajectory marked by inequality, unfair practice and collusion.
- By recruiting thus, they set a recruitment standard exploited by the market in the pursuit of talent – that a lack of pay transparency and the demand for rival firm confidential pay information are behaviours within the confines of our legislation. CompComSA is responsible for misleading the public and denigrating human rights.
- Failure to respond
- An email was submitted via the CompComSA website in 2017. Unfortunately, I cannot find any proof to support my claim and was unable to test .
- Recruitment firm Nurturing Futures posted a vacancy without being upfront about pay. A potential candidate communicated his interest on the post. Nurturing Futures CEO responded asking for his CV and current salary information.
- I repeatedly brought this to CompComSA’s attention but they failed to respond and continue to ignore me.
- CompComSA reads my protests yet does nothing.