Eskom Holdings Ltd v Solidarity obo Govender and Others (JR 265/20)
Eskom Holdings Ltd v Solidarity obo Govender and Others (JR 265/20) [2023] ZALCJHB 302 (2 November 2023)
The court found that the arbitrator misconstrued crucial evidence and misapplied the law regarding legitimate expectation. Ms. Govender was not the most qualified candidate for the position, as evidenced by her academic profile and interview scores compared to Ms. Mqcina. The recruitment process followed Eskom's policy, and there was no documentary or other evidence that Eskom created a legitimate expectation of appointment. The arbitrator placed undue weight on irrelevant factors and ignored material evidence. The award of compensation was not justified, and the finding of unfair labour prac…
Source excerpt
- Unfair Labour Practice
- Promotion And Appointment
- Legitimate Expectation
- Review Of Arbitration Award