Court finds quotas unlawful – Solidarity
14 April 2016
The Labour Court in Johannesburg this week found that the use of a quota system in the workplace is unlawful. This judgment was given in Solidarity’s case against the Tshwane Municipality over unfair discrimination. In terms of the judgment the municipality has to promote and remunerate Mr Jan Pretorius, a water audit officer, retrospectively.
Among other things, Judge Faan Coetzee found that the municipality was inflexible when it had repeatedly overlooked Pretorius for promotion. The court furthermore found the municipality’s appointment policy, in terms of which Mr Pretorius was discriminated against purely based on race and gender, amounts to a quota system which is inconsistent with the Employment Equity Act.
Solidarity Chief Executive Dr Dirk Hermann says that in its judgment the court pointed out that the municipality’s appointment policy was based purely on numbers without any measurable targets. “Therefore, it amounts to the subjective exclusion of individuals from the non-designated group. The judgment makes it clear that government departments that do not have employment equity plans cannot hide behind policy documents that do not have proper employment equity and measurable targets,” Hermann said.
Hermann believes this week’s judgment is unique as it is the first time that a court has found that a white male was unfairly discriminated against as a result of a quota system. “The court found that it was unlawful to fill posts purely on the basis of the national race demography or even to leave posts vacant at the expense of suitably qualified white males. The court also found that the municipality had no legal grounds to exclude a suitably qualified candidate from the interviewing process. In addition, they did not take into account that the position required a scarce skill,” Hermann said.