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There was a landmark ruling in affirmative action
Labour Bulletin | 4 March, 2010 | Hot Topics:
Dear Reader
Welcome to this week’s Labour Bulletin.
Wow – it’s been a busy week in the world of labour law. The debate on labour brokers rages on, with the Minister of Labour backing off on his “ban the labour brokers” stance. An employer stands accused of breaching health and safety regulations, which possibly led to the death of 13 employees. SAMU has ruled out strike action, for now!
And the list goes on...
There was a landmark ruling in affirmative action
But, arguably, the biggest news for employers is the landmark Labour Court ruling in Renate Barnard’s affirmative action case against the SAPS.
Despite a panel of interviewers recommending her for the position of Superintendent, the SAPS divisional commissioner said the post mustn’t be filled. He said it wouldn’t promote representation in the SAPS if Barnard (who’s a white female, by the way) got the job.
The LC disagreed! It ordered the SAPS to promote her (retrospectively from 2006) and pay all her costs.
What does this case mean for you?
This case shows that merit is vital in affirmative action processes.
You must make sure your affirmative action process allows you to hire a person who has the skills and merit to do the job.
Keep and eye out in your upcoming issue of the Labour Watch newsletter and a future Labour Law for Managers update for all the advice you need around this ruling.
Until next week
Sarah-Jane Bosch
Managing Editor: Labour Law for Managers Practical Handbook and Practical Guide to Human Resources Management
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Editors note
Michelle Govender
Labour Bulletin Editor
The Labour Bulletin team speaks to subscribers every week on landmark labour events and offer valuable and practical information from the Handbook, from questions and answers and from our experts that subscribers can use now to benefit their business.
