Labour Court rules in favour of correctional services employee, awarding 12 months' pay after denied promotion.
The Labour Court in Cape Town has ruled that the Department of Correctional Services committed an unfair labour practice when it refused to promote a Western Cape employee despite her being the strongest candidate, awarding her compensation equal to 12 months' salary after finding the decision was arbitrary and unfair.
Judge Benita Whitcher set aside an arbitration award that had dismissed the claim brought by trade union Solidarity on behalf of Benjamin, who challenged the department's decision not to appoint her to the position of Provisioning Administration Officer: Logistics Administration Level 7 in the Drakenstein Management Area.
The dispute centred on a promotion process that began after the post was advertised in late 2020. Benjamin, a coloured female, was shortlisted and interviewed alongside several other candidates.
According to the court, the selection panel strongly recommended Benjamin for appointment after assessing the candidates. The panel also recorded that her appointment was consistent with the Western Cape's regional employment equity targets.
