News:

And we're back!

Main Menu

How to fight nepotism?

Started by Martinus, July 27, 2012, 10:48:18 AM

Previous topic - Next topic

crazy canuck

Quote from: Barrister on July 31, 2012, 12:22:23 PM
Quote from: crazy canuck on July 31, 2012, 12:13:20 PM
But in this jurisdiction and IIRC others as well there are regulations against nepotism.  They are contained within Human Rights Codes which prohibit discrimination on the basis of family status.  If someone does not get a job/promotion because of nepotism a complaint of discrimination is a viable option.  Of course the defence will always be the other person was the better candidate but it at least provides a remedy where there is proof to the contrary.

There's probably one hundred ways you can game the system.

Government jobs are all supposed to be open competitions - you can not create a position with one specific person in mind (no matter how well qualified that person may be).  But when you see a job posting that has some weird super-specific requirements and an absurdly short closing date...

There is always potential for rules to be abused.  But that doesnt diminish the need for the rule nor is that a good argument for not creating the rule.

garbon

That's what that means? I would have thought family status has to do with whether you are married and/or have children.  Not if you are related to someone at the company.
"I've never been quite sure what the point of a eunuch is, if truth be told. It seems to me they're only men with the useful bits cut off."
I drank because I wanted to drown my sorrows, but now the damned things have learned to swim.

crazy canuck

Quote from: Zanza on July 31, 2012, 01:00:09 PM
Quote from: crazy canuck on July 31, 2012, 12:13:20 PM
But in this jurisdiction and IIRC others as well there are regulations against nepotism.  They are contained within Human Rights Codes which prohibit discrimination on the basis of family status.  If someone does not get a job/promotion because of nepotism a complaint of discrimination is a viable option.  Of course the defence will always be the other person was the better candidate but it at least provides a remedy where there is proof to the contrary.
Okay. As far as I can tell the relevant EU directive on job discrimination does not prohibit discrimination based on family status. Only disability, gender, sexual orientation, religion and age are excluded. However it does stipulate that the burden of proof is with the party sued for discrimination.

Article 21(1) of the Charter of Fundamental Rights of the European Union seems to cover it.


QuoteNon-discrimination

1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.

2. Within the scope of application of the Treaty establishing the European Community and of the Treaty on European Union, and without prejudice to the special provisions of those Treaties, any discrimination on grounds of nationality shall be prohibited.


Indeed these provisions are wider than merely family status.

crazy canuck

Quote from: garbon on July 31, 2012, 01:11:31 PM
That's what that means? I would have thought family status has to do with whether you are married and/or have children.  Not if you are related to someone at the company.

Family status has been interpreted to mean not having such family status - ie nepotism.

garbon

Quote from: crazy canuck on July 31, 2012, 01:14:58 PM
Quote from: garbon on July 31, 2012, 01:11:31 PM
That's what that means? I would have thought family status has to do with whether you are married and/or have children.  Not if you are related to someone at the company.

Family status has been interpreted to mean not having such family status - ie nepotism.

Gotcha.
"I've never been quite sure what the point of a eunuch is, if truth be told. It seems to me they're only men with the useful bits cut off."
I drank because I wanted to drown my sorrows, but now the damned things have learned to swim.