The Johannesburg Labour Court has ruled that employment equity may not be considered a criterion in filling the Tshwane municipality's deputy director for System Development position, trade union Solidarity said on Thursday.
“This court order (on Thursday) is a victory for merit and justice,” Solidarity deputy general secretary Dirk Hermann said in a statement.
The union lodged papers early in November in a bid to stop affirmative action employment in the Tshwane municipality.
The interdict was filed on the basis that the municipality's affirmative action policy was not in line with the Employment Equity Act.
The application was made on behalf of Solidarity member and a current acting deputy director in the department of water and sanitation, Marco de Sampaio.
De Sampaio had applied for the position he was acting in four times over the last three years.
However, each time he was not considered for the position due to affirmative action, and the position was left vacant.
Hermann said the court order decreed that employment equity may not be one of the criteria for filling the position for which De Sampaio applied.
“In terms of the settlement... De Sampaio will (now ) be included in the short list for the vacant position... The parties agreed that he will also be invited for an interview and that employment equity will not be a criterion for filling the position.”
The municipality agreed that the candidate's experience, qualifications and competence were the only criteria that would be taken into account.
If he was not appointed to the position, the municipality would have to provide reasons in writing to Solidarity.
“It happens time and again that extremely competent employees are overlooked for positions because appointing them will not promote employment equity targets,” Hermann said.
The municipality could not be immediately reached for comment. - Sapa