DCS once again guilty of racial discrimination – Solidarity 

20 September 2016

Hot on the heels of the Constitutional Court’s ruling that the DCS has discriminated against seven of its staff members on the basis of race, the CCMA found that the DCS was guilty of racial discrimination once again. This comes after Mr Philip Kitching was passed over for a vacant director’s position in the North West Province due to the fact that he is a white man and therefore, according to the DCS, over-represented at that level.

Solidarity approached the Commission for Conciliation, Mediation and Arbitration (CCMA) due to a case of discrimination in the workplace since Mr Kitching met all the minimum requirements for the advertised position, but was not shortlisted as a possible candidate. 

According to Johan Kruger, Deputy Chief Executive of Solidarity, the trade union argued on behalf of its member that in terms of section 6 (1) of the Employment Equity Act, this action constituted unfair discrimination in the workplace.

“The CCMA agreed with us that solely taking the national racial demographics into account when shortlisting candidates for this position and the absence of a valid employment equity plan constituted unfair discrimination. The Commissioner emphasised that not shortlisting someone based on their race and gender placed an absolute barrier on their opportunities for advancement in the workplace, and that is clearly prohibited in terms of section 15(4) of the Employment Equity Act,” Kruger explained.

According to Kruger, the CCMA awarded an amount for damages to Mr Kitching and also ordered that the DCS should take steps to prevent a recurrence of such or similar unfair discrimination practices in future, namely that suitable candidates are deliberately excluded solely on the basis of their race.

“This ruling proves yet again that unfair discrimination based on race should be fought tooth and nail. Solidarity will continue to lead the fight against these practices,” Kruger said.

Issued by Johan Kruger, Deputy Chief Executive, Solidarity, 20 September 2016