Stone v South African Police Service (J 4180/01) [2012] ZALCJHB 123; [2013] 1 BLLR 70 (LC); (2013) 34 ILJ 1619 (LC) (22 October 2012)

Stone v South African Police Service (J 4180/01) [2012] ZALCJHB 123; [2013] 1 BLLR 70 (LC); (2013) 34 ILJ 1619 (LC) (22 October 2012)

The court found that although race played a significant role in the appointment of Hara, the applicant failed to establish that this resulted in unfair discrimination against him. The respondent's employment equity plan, although not approved by the Department of Labour at the time, was not required to be approved for the purposes of defending the appointment under the Employment Equity Act. The allocation of points for representivity did not itself result in unfair discrimination, provided it was applied consistently and did not bar non-designated candidates from consideration. The evidence did not demonstrate that the applicant suffered prejudice as a result of the final selection...

Citation
[2012] ZALCJHB 123
Parties
Applicant: Jan Edmund Stone; Respondent: South African Police Service
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
22 October 2012
Case Number
J 4180/01
Procedural Posture
Unfair Discrimination Application / Final Judgment
Outcome
Applicant's claim of unfair discrimination is dismissed.
Judges
Lagrange
Legal Topics
Employment Equity Act, Unfair Discrimination, Affirmative Action, Promotion Disputes
Labour Law Employment Equity Act Unfair Discrimination Affirmative Action Promotion Disputes

Case Brief

Summary, issues, holding and outcome

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Parties

Jan Edmund Stone

Applicant

South African Police Service

Respondent

Procedural Posture

Unfair Discrimination Application / Final Judgment

Legal Issues

  1. 1 Whether the applicant was unfairly discriminated against on the basis of race in the promotion process.
  2. 2 Whether the respondent's employment equity plan justified the appointment of a candidate from a designated group.
  3. 3 Whether the selection process was conducted fairly and in accordance with the Employment Equity Act.

Ratio Decidendi

The court found that although race played a significant role in the appointment of Hara, the applicant failed to establish that this resulted in unfair discrimination against him. The respondent's employment equity plan, although not approved by the Department of Labour at the time, was not required to be approved for the purposes of defending the appointment under the Employment Equity Act. The allocation of points for representivity did not itself result in unfair discrimination, provided it was applied consistently and did not bar non-designated candidates from consideration. The evidence did not demonstrate that the applicant suffered prejudice as a result of the final selection...

Court Disposition

Applicant's claim of unfair discrimination is dismissed.

Orders

  • The applicant's claim that he was unfairly discriminated against when Captain Hara was appointed to post 384 is dismissed.
  • No order is made as to costs.