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Lecogo v General Public Service Sectoral Bargaining Council and Others (JR699/21) [2022] ZALCJHB 360 (20 October 2022)
The Labour Court reviewed and set aside an arbitration award, finding that the Department unfairly promoted a candidate who did not meet the advertised requirements.
McPherson v University of Kwazuli-Natal and Another (D45/05) [2007] ZALC 69; [2008] 2 BLLR 170 (LC); (2008) 29 ILJ 674 (LC) (31 August 2007)
The Labour Court held that excluding contract academics from applying for Head of School was unfair discrimination and awarded six months’ remuneration as compensation.
McPherson v University of KwaZulu-Natal and Another (D45/05) [2007] ZALCD 1 (31 August 2007)
The court found that the eligibility requirement limiting the Head of School position to permanent academic staff was discriminatory against contract employees. The evidence showed that the University employed a significant number of temporary staff, many of whom were adversely affected by the policy. The rationale provided by the respondents, such as continuity and managerial stability, was not convincing, as contract staff could provide continuity and had previously been appointed to similar positions. The court held that the exclusion was not based on inherent operational requirements but…
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