The case against the department of correctional services' implementation of affirmative action in the Western Cape will be back in the Labour Court in Cape Town on Tuesday.
On August 7, trade union Solidarity filed for an interdict against the enforcement of affirmative action in the department.
The interdict was to prevent the department from filling the positions of five of its employees, on whose behalf Solidarity was conducting legal proceedings against the department.
Solidarity said the department had started steps to fill the position of Christo February, one of the applicants in the case, despite him having been nominated as the best candidate for the particular position.
The department, on the grounds of its affirmative action plan, refused to appoint him.
Solidarity said the department's plan set a ceiling over white, Indian, and coloured employees.
It argued that the plan stipulated that coloured South Africans constituted only 8.8 percent of employees, while coloureds made up 53 percent of the economically active population of the Western Cape.
The department denied allegations of deliberated discrimination. - Sapa