Loading...
See More

Labour court interdicts prison authorities

Aug 24 2012 17:59 Sapa

Related Articles

Govt to defend AA appointments

Union goes to court over affirmative action

Solidarity to seize state assets

 
Cape Town - The Cape Town Labour Court stopped the department of correctional services (DCS) on Friday from re-advertising the post of senior state accountant.

Christo February has brought an urgent application before Judge Robert Lagrange to stop the DCS from appointing anyone until a ruling had been made in a separate action against the department for unfair discrimination.

February has successfully acted in the post of senior state accountant for a number of years, but was turned down for promotion in terms of the DCS's employment equity plan (EEP).

Earlier this week, he challenged the decision not to promote him, contending it was because he was coloured.

His lawyer submitted that February was the best qualified and experienced person to fill the vacant post, and had acted in the position several times.

February was recommended for the job because of his experience, but was turned down because his appointment would have been in conflict with the EEP.

The case is expected to start in November.

The judgement handed down on Friday in effect prevents DCS from filling the senior state accountant position until the determination of the main litigation.

Lagrange said it seemed that February may well have been discriminated against solely on the basis of his race, and not for the purpose of advancing a suitably qualified person "from a designated group, pursuant to the legitimate aims of an employment equity plan".

He said the purpose of February's urgent application was to prevent the department filling the post before the determination of the main litigation.

"February contends that if the post were filled in the meanwhile, it would mean that, even if he were successful at trial, he could in any event not be appointed to the post because it had already been filled," said Lagrange.

"At best, he could expect a so-called protected promotion to another post, but could not obtain the benefit of further experience gained by actually performing the work of senior state accountant."

The judge said there was merit in February's contentions.

"In any event, if a permanent appointment is made while the main trial is pending, it would undoubtedly complicate the course of the trial litigation," he said.

"The incumbent so appointed was likely to dispute any attempt to unseat him or her, and the dispute was likely to go to arbitration."

This would mean that the two intimately connected matters could be proceeding in two different forums, said Lagrange.

 
NEXT ON FIN24X

 
 
 

Read Fin24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
1 comment
Add your comment
Comment 0 characters remaining
 

Company Snapshot

We're talking about:

Small Business

Retailers of any shape and size can now unlock the power of mobile transacting.
 
 

Goalkeeper saves five penalties with his FACE!

Nothing, and we mean nothing, will keep goalkeeper Scott Stirling from stopping the ball!

 
 

Men24.com

Hottie of the day: Jesselyn
This invention makes farts smell like chocolate!
11 things men don’t know about their clothes
Hilarious mortal kombat elevator prank!

Money Clinic

Money Clinic
Do you have a question about your finances? We'll get an expert opinion.
Click here...
Loading...