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South Africa decisions
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Ncane v Lyster and Others (D05/2012) [2014] ZALCD 75 (8 December 2014)
Labour Court review of an unfair promotion award: the court found procedural and substantive unfairness in SAPS's promotion process and awarded five months' compensation.
South African Police Services (SAPS) v Gebashe and Others (D676/11) [2014] ZALCD 68; (2015) 36 ILJ 1620 (LC) (24 November 2014)
The Labour Court held that the National Commissioner's failure to provide reasons for withdrawing the advertised post, contrary to the National Instruction and administrative law obligations, was arbitrary and amounted to an unfair labour practice relating to promotion. The arbitrator was correct to infer unfairness from the absence of reasons, and the jurisdictional objection was rejected because the dispute concerned unfair conduct relating to promotion, not merely appointment to a specific post. However, the court found that the remedy of protected promotion was unreasonable since the post…
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Koto and Another v General Public Service Sectoral Bargaining Council and Others (P254/03) [2005] ZALC 45; (2005) 26 ILJ 481 (LC); [2005] 6 BLLR 572 (LC) (1 February 2005)
The court found that the applicant was unfairly discriminated against on the basis of race, gender, sex, and language during the promotion process. The School Governing Body changed the Interviewing Committee's preference list for discriminatory reasons, as evidenced by the minutes and the conduct of the review panel. The review panel was unlawfully constituted, biased, and its recommendation lacked statutory basis. The Department failed to follow prescribed procedures and did not justify the appointment of Mr Jacobs. The court held that the filling of the post was both procedurally and subst…
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