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Mahape v City of Tshwane Metropolitan Municipality and Others (JR 1887/21) [2023] ZALCJHB 176 (5 June 2023)
The Labour Court dismissed a review of an arbitration award that rejected an unfair labour practice claim about failure to shortlist an internal applicant.
Mashaba v University of Johannesburg and Others (JA 140/2021) [2022] ZALAC 116; (2023) 44 ILJ 156 (LAC); [2023] 2 BLLR 119 (LAC) (18 October 2022)
The court held that the appellant was not unfairly excluded from the shortlist for promotion, as his CV did not meet the experiential requirements set out in the advertisement. The employer's discretion in promotion decisions is protected unless exercised capriciously, with malice, or fraud, none of which was demonstrated. The alleged conflict of interest by Dr Manon was unfounded, as mere knowledge of a candidate does not constitute a disqualifying conflict, and all panel members declared their familiarity with the candidates. The relief of compensation was not sought in earlier proceedings…
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