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I have seen employers land in hot water over surprisingly simple aspects of extending a job offer. In one case, the managers involved formally extended the offer without final authorisation. In another, the offer was made just before the CEO resigned and all new appointments were put on hold. And in a third case, the company announced it was forced to make staff cuts just days after the offer of employment was signed. While it might seem like these employers were entitled to recall the job offer made - they weren't. Job applicants are legally protected once they have a signed offer of employment and employers cannot renege on this.
Another pitfall in recruitment lies in the negotiation process. Here, the devil is in the detail. Normally, the hiring manager, a senior manager and an HR officer are all involved in the discussions around the available position. These communications typically cover issues like leave allowances, bonuses, working hours etc. But with so many people and so many little details involved in these often ad hoc communications, there is plenty of opportunity for misunderstanding.
No manager wants to hear that a new employee has an expectation regarding his employment contract after the fact with the claim that the issue was previously clarified with somebody else. For example, during the interview process, the candidate asked one of the hiring team if he could work flexitime and was told: "It shouldn't be a problem."
Such vague communication can lead to serious problems. In my experience, 40% of reasons why a new employee leaves a company within the first three months are due to this type of misunderstanding, where applicant expectations are not met.
To ensure consistently clear communications during the hiring process, follow these golden rules:
If, as an employer, you find yourself in the unfortunate position of having erroneously extended a contract of employment or having done so prematurely, there is no quick fix - especially if the applicant has already resigned from his job on the basis of your offer. Try to reach a mutually acceptable agreement with the aggrieved applicant or prepare yourself for a visit to the CCMA.