Public Servants Association and Another v Department of Justice And Constitutional Development and Others (D627/2012) [2015] ZALCD 8 (20 January 2015)

Public Servants Association and Another v Department of Justice And Constitutional Development and Others (D627/2012) [2015] ZALCD 8 (20 January 2015)

The court found that the existence of a valid National Employment Equity Plan was proved and that it was not necessary for each region to have its own plan. The region was entitled to apply the principles of the Master Employment Equity Plan in making appointments. The evidence demonstrated that Ms Mphato was more highly qualified, had greater relevant managerial experience, and outperformed the Second Applicant in the competency assessment. The initial failure to send the Second Applicant for a competency assessment was a genuine error, not indicative of bad faith or conspiracy. The Third Respondent's award was cogent and well reasoned, and even if there were errors in the assessment of...

Citation
[2015] ZALCD 8
Parties
Applicant: Public Servants Association; Applicant: Khumbulani Collen Kheswa; Respondent: Department of Justice and Constitutional Development; Respondent: General Public Service Sectoral Bargaining Council; Respondent: Commissioner Veesla Soni
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
20 January 2015
Case Number
D627/2012
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
Schumann
Legal Topics
Unfair Labour Practice, Employment Equity, Promotion Dispute, Affirmative Action, Review of Arbitration Award
Labour Law Unfair Labour Practice Employment Equity Promotion Dispute Affirmative Action Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Public Servants Association

Applicant

Khumbulani Collen Kheswa

Applicant

Department of Justice and Constitutional Development

Respondent

General Public Service Sectoral Bargaining Council

Respondent

Commissioner Veesla Soni

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the First Respondent committed an unfair labour practice by failing to promote the Second Applicant.
  2. 2 Whether the preference for appointing a woman to the position was justified in terms of a valid employment equity plan.
  3. 3 Whether the Third Respondent's arbitration award is reviewable on the grounds advanced by the Applicants.

Ratio Decidendi

The court found that the existence of a valid National Employment Equity Plan was proved and that it was not necessary for each region to have its own plan. The region was entitled to apply the principles of the Master Employment Equity Plan in making appointments. The evidence demonstrated that Ms Mphato was more highly qualified, had greater relevant managerial experience, and outperformed the Second Applicant in the competency assessment. The initial failure to send the Second Applicant for a competency assessment was a genuine error, not indicative of bad faith or conspiracy. The Third Respondent's award was cogent and well reasoned, and even if there were errors in the assessment of...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.