Zandberg v National Commissioner: South African Police Services (DA18/2010) [2012] ZALAC 44 (23 March 2012)

Zandberg v National Commissioner: South African Police Services (DA18/2010) [2012] ZALAC 44 (23 March 2012)

The Labour Appeal Court found that the respondent was not bound by the recommendations of the selection panels and was required to exercise its discretion in accordance with the Employment Equity Act and the SAPS employment equity plan. The Divisional Commissioner acted reasonably in declining to promote the appellant due to the oversupply of white males at the relevant salary level and the need to advance representivity. The failure to contemporaneously record reasons for the decision was irregular but not sufficient to vitiate the proceedings. The arbitrator's award directing promotion was based on an error of interpretation and was not one to which a reasonable arbitrator could have...

Citation
[2012] ZALAC 44
Parties
Appellant: Inspector J Zandberg; Respondent: National Commissioner: South African Police Service
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
23 March 2012
Case Number
DA18/2010
Procedural Posture
Labour Appeal / Appeal From Labour Court Judgment Reviewing and Setting Aside Arbitration Award
Outcome
Appeal dismissed; no order as to costs.
Judges
Patel JA, Ndlovu JA, Landman AJA
Legal Topics
Unfair Labour Practice, Employment Equity, Affirmative Action, Promotion Dispute, Arbitration Review
Labour Law Unfair Labour Practice Employment Equity Affirmative Action Promotion Dispute Arbitration Review

Case Brief

Summary, issues, holding and outcome

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Parties

Inspector J Zandberg

Appellant

National Commissioner: South African Police Service

Respondent

Procedural Posture

Labour Appeal / Appeal From Labour Court Judgment Reviewing and Setting Aside Arbitration Award

Legal Issues

  1. 1 Whether the failure by the South African Police Service to promote the appellant to the rank of Captain constituted an unfair labour practice.
  2. 2 Whether the promotion process complied with the National Instruction and the Employment Equity Act.
  3. 3 Whether the respondent was obliged to follow the recommendation of the first selection panel.

Ratio Decidendi

The Labour Appeal Court found that the respondent was not bound by the recommendations of the selection panels and was required to exercise its discretion in accordance with the Employment Equity Act and the SAPS employment equity plan. The Divisional Commissioner acted reasonably in declining to promote the appellant due to the oversupply of white males at the relevant salary level and the need to advance representivity. The failure to contemporaneously record reasons for the decision was irregular but not sufficient to vitiate the proceedings. The arbitrator's award directing promotion was based on an error of interpretation and was not one to which a reasonable arbitrator could have...

Court Disposition

Appeal dismissed; no order as to costs.

Orders

  • The appeal is dismissed.
  • No order as to costs.