Court finds for Solidarity and rules that DCS must comply with earlier court ruling

The Labour Court in Cape Town on Thursday found in favour of Solidarity and ordered the Department of Correctional Services (DCS) to comply with an earlier court ruling in terms of which it may not just take into account national demographics when making appointments and promoting employees. Solidarity brought an urgent application as the DCS continued its implementation of national demographics despite an earlier court ruling that prohibited it.

Dirk Groenewald, Head of Solidarity's Centre for Fair Labour Practices, says the DCS argued that there was no need to implement the ruling as the department had appealed against it. ‘The court confirmed that the DCS was bound by the initial ruling notwithstanding the appeal process. The court found that Solidarity's application was urgent as the DCS was wittingly continuing to make appointments and implement promotions that disadvantage certain race groups. The court also found that the DCS would not be disadvantaged by the execution of the court order while certain race groups would be disadvantaged should the department's unlawful employment practices continue. We were under the impression that the DCS wanted to abuse the appeal process to achieve its unfair objectives.'

The Labour Court in Cape Town last October ruled that it was unfair to use only national demographics as sole criterion to implement affirmative action and to disregard unique regional differences. The DCS was ordered to rectify its unfair practices with immediate effect.

Statement issued by Dirk Groenewald, Head: Centre for Fair Labour Practices, Solidarity, February 6 2014

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