Solidarity confronts Denel Dynamics in Labour Court about affirmative action
The trade union Solidarity and Denel Dynamics are to face each other in the Johannesburg Labour Court today about the unfair implementation of affirmative action.
Contrary to Denel Dynamics' own policy, Ansie van Niekerk was denied a permanent appointment after 24 months' service as a contract employee in the position of senior secretary. When the position was advertised she was again overlooked because of her skin colour. A case of unfair discrimination on the grounds of race was referred to the Labour Court by the Commission for Conciliation, Mediation and Arbitration (CCMA).
Between 9 February 2009 and 28 February 2011, Van Niekerk was appointed seven times in consecutive fixed-term contracts - but never permanently. According to Dirk Groenewald, head of Solidarity's Labour Court Division, Denel Dynamics' personnel requisition document for the position clearly stated that a permanent appointment was essential and that, because of its urgency, race or gender was not a determining factor.
"Denel Dynamics' conditions of employment clearly state that employees appointed on a contractual basis for longer than 24 months are to be appointed permanently after this period," Groenewald said. Meanwhile an external candidate, a black woman, was appointed to the position although, according to the company's policy, internal candidates were to be given preference. "Even though Van Niekerk matched all the requirements for the position she was not appointed, solely on the grounds of her skin colour."
The confrontation between Solidarity and Denel Dynamics before the CCMA about the company's unfair discrimination reached a deadlock and the case was referred to the Labour Court. It is one of more than 20 affirmative action cases Solidarity has instituted against government departments and parastatals for the unfair implementation of affirmative action.
Facts on the Van Niekerk case
Ansie van Niekerk was effectively employed as a senior secretary with Denel Dynamics from 9 February 2009 to 28 February 2011. The position involved supporting three electronic engineering departments with some 40 engineers and technicians as well as three line heads.
During this time she was appointed seven times in consecutive fixed-term contracts: 9 February 2009 to 9 May 2009; 10 May 2009 to 30 August 2009; 1 September 2009 to 31 December 2009; 1 January 2010 to 30 April 2010; 1 May 2010 to 31 August 2010; 1 September 2010 to 31 January 2011; 1 February 2011 to 28 February 2011.
She scored a consistent evaluation mark of 4,2 which, according to the evaluation of the performance standard, was equal to "production of better than expected performance, quality and standard". She was overlooked, even though she matched the requirements and held the position for more than two years.
Statement issued by Dirk Hermann, Deputy General Secretary: Solidarity, May 24 2012
Click here to sign up to receive our free daily headline email newsletter
