Johannesburg – The Labour Court in Johannesburg has found that the use of a quota system without targets by the Tshwane metro was unlawful, union Solidarity said on Thursday after .
The ruling was made in a court matter brought against Tshwane metro by Solidarity which accused it of discrimination when it overlooked a white employee for promotion.
“This judgment was given in Solidarity’s case against the Tshwane municipality over unfair discrimination. In terms of the judgment the municipality has to promote and remunerate Mr Jan Pretorius, a water audit officer, retrospectively,” the union said.
“Among other things, Judge Faan Coetzee found that the municipality was inflexible when it had repeatedly overlooked Pretorius for promotion.
“The court furthermore found the municipality’s appointment policy, in terms of which Mr Pretorius was discriminated against, purely based on race and gender, amounts to a quota system which is inconsistent with the Employment Equity Act.”
Pretorius had been employedat the municipality since 1999. The union said he was overlooked for promotion as trades foreman in August 2012 and again in July 2013.
“This is notwithstanding the fact that a panel had selected him as the most suitable candidate for the position. Moreover, the municipality did not have an approved employment equity plan at the time,” said Solidarity’s chief executive Dirk Hermann.
He said the post Pretorius had initially applied for in 2012 was again advertised in July 2013.
“For a second time, Pretorius applied for it but this time he was not invited to an interview nor was he shortlisted,” said Hermann.
“Pretorius lodged a grievance with the municipality in this regard, and he was informed in October 2014 that no white person could be considered for the position.”
Hermann said the court pointed out that the municipality’s appointment policy was based purely on numbers and without any measurable targets.
“Therefore, it amounts to the subjective exclusion of individuals from the non-designated group,” he said.
“The judgment makes it clear that government departments that do not have employment equity plans cannot hide behind policy documents that do not have proper employment equity and measurable targets.”
The court ordered Tshwane to appoint Pretorius to the post of foreman of trades as of May 1. The post that has since been left vacant, Hermann said.
“In addition, the municipality also has to backdate Pretorius’ remuneration. The compensation will be the difference between his current salary and that of foreman – artisans, calculated over the period of October 2013 to April 2016.”
African News Agency
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