If you are an employer, you need to be mindful that running a criminal background check on prospective employees - when a clear criminal record is NOT an inherent requirement of the job, and it results in the non-appointment of an applicant - can create an unnecessary risk for you as the employer as it may constitute grounds for unfair discrimination. Lester Kiewit speaks to Kobus Hayward, Manager of Labour Court Matters at National Employers' Association of South Africa (NEASA).