This is a very interesting question that you have posed – and I am sure that it is a question that will resonate with a numbers of the readers of the Women24 Careers website ... it is something that is sometimes a concern to people who are intending to apply for a position with a prospective employer.

At the outset, I must state that a question of the nature that you have described would not be justified under any circumstances and would, in my opinion, amount to an unfair labour practice. The fact that a prospective employee may in the past have opened a CCMA case is of no concern to a possible new employer as the opening of the case may have been completely legitimate and justified. So, the fact that someone has reported a case to the CCMA cannot under situation be held against the person.

The CCMA is also not mandated to provide any of these details, so you do not have to concern yourself that a prospective employer can willy-nilly obtain any and all information from the Commission.

The aspect relating to being asked a question is equally interesting – if you are asked some such question, there are two approaches. Firstly, you could ask the questioner/panel if they could indicate what the relevance of the question is to the position for which you have applied. I realise that when one is sitting in an interview situation, one does not wish to be seen to be obtuse or disruptive, so the second option may be the better one to follow. Here I would, if there were the good reasons for reporting a matter to the CCMA, answer quite honestly and openly and briefly.

I trust that this has been of assistance to you. If there is any other information that you require, please do submit another question to the website.

Good luck!