Ethekwini Municipality v IMATU obo Naidoo and Others (D285/15) [2017] ZALCD 15 (6 June 2017)

Ethekwini Municipality v IMATU obo Naidoo and Others (D285/15) [2017] ZALCD 15 (6 June 2017)

The court found that the applicant failed to establish that Indian males were overrepresented in senior management, as its Senior Human Resources Manager could not confirm this material fact. The evidence showed that three positions for Indian males remained available under the 2014–2018 employment equity plan. The Commissioner’s reasoning, based on the inconsistency in appointing additional Indian females while refusing to appoint Mr. Naidoo, was reasonable. The applicant did not present evidence regarding the 2009–2013 employment equity plan, which was material to its case. Applying the test from Sidumo, the court held that the Commissioner’s conclusion was one that a reasonable...

Citation
[2017] ZALCD 15
Parties
Applicant: Ethekwini Municipality; First Respondent: IMATU obo R Naidoo; Second Respondent: The South African Local Government Bargaining Council; Third Respondent: Masipa N.O.
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
6 June 2017
Case Number
D285/15
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application dismissed.
Judges
YF Saloojee
Legal Topics
Employment Equity, Unfair Labour Practice, Promotion Dispute, Review of Arbitration Award
Labour Law Administrative Law Employment Equity Unfair Labour Practice Promotion Dispute Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

Ethekwini Municipality

Applicant

IMATU obo R Naidoo

First Respondent

The South African Local Government Bargaining Council

Second Respondent

Masipa N.O.

Third Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the Commissioner’s award finding an unfair labour practice in the failure to promote Mr. Naidoo should be reviewed and set aside.
  2. 2 Whether the applicant applied its employment equity plans consistently and lawfully in refusing to appoint Mr. Naidoo.
  3. 3 Whether the Commissioner’s reasoning and conclusion were reasonable in light of the evidence presented.

Ratio Decidendi

The court found that the applicant failed to establish that Indian males were overrepresented in senior management, as its Senior Human Resources Manager could not confirm this material fact. The evidence showed that three positions for Indian males remained available under the 2014–2018 employment equity plan. The Commissioner’s reasoning, based on the inconsistency in appointing additional Indian females while refusing to appoint Mr. Naidoo, was reasonable. The applicant did not present evidence regarding the 2009–2013 employment equity plan, which was material to its case. Applying the test from Sidumo, the court held that the Commissioner’s conclusion was one that a reasonable...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • The applicant is ordered to pay the first respondent’s costs.