Affirmative action: Solidarity could head back to court due to claims of shocking irregularities during interview process at Tshwane Municipality
The employee of the Tshwane Municipality who applied on four separate occasions for the post in which he has been acting since 2008 and whose application was unsuccessful every time due to "representivity", has been passed over for the position yet again.
This comes in spite of a court order prohibiting the Tshwane Municipality from using employment equity as a criterion for filling the specific position. Trade union Solidarity today announced that it would approach the Labour Court again if the municipality failed to provide reasons in writing as to why Marco De Sampaio, a Solidarity member, has not been appointed in the position in question. The municipality must also refute shocking claims that irregularities occurred during the interview process.
Solidarity gained a court victory regarding the unfair application of affirmative action on De Sampaio's behalf against the Tshwane Municipality in November last year. In terms of the court order that was issued after the parties had reached a settlement, employment equity may not be used as a criterion to fill the position for which De Sampaio applied.
The court also ordered that De Sampaio had to be included in the short list for the vacant post and invited for an interview. The candidates' experience, qualifications and competence were the only criteria that could be taken into consideration. Moreover, the municipality agreed that the position would not be left vacant and would, therefore, be filled following the interviews. The municipality also agreed to provide Solidarity with reasons in writing if De Sampaio was ultimately not appointed in the position.
‘The interview had initially been scheduled to take place by the end of November, but De Sampaio was informed at short notice that it had been cancelled. Because the municipality failed to provide reasons for the interview's cancellation, Solidarity laid a charge of contempt of court against it,' explained Dirk Groenewald, Head of Solidarity's Labour Court Department.