The Labour Court in Johannesburg on Wednesday ruled in favour of Solidarity in the union’s case against South African Airways Technical (SAAT) concerning racial discrimination, after a settlement had been reached between Solidarity and SAAT.
In 2011, Solidarity referred a case of unfair discrimination on the grounds of race to the Commission for Conciliation, Mediation and Arbitration (CCMA) on behalf of three of its members, after which the CCMA referred the case to the Labour Court in 2012.
Solidarity said, at SAAT, posts had been reserved for black candidates, who were as then not forthcoming, despite the fact that white candidates had applied and were found suitable for the advertised posts.
“Three white men, members of Solidarity and who are acting in the positions, have been overlooked for permanent appointment, simply because of the colour of their skin. Moreover, there haven’t been suitable black candidates to fill the positions. The candidates have been openly told that although they were competent to be appointed in the positions, a decision had been taken to reserve the posts,” Solidarity said.
The Court on Wednesday ruled that one of the Solidarity members, Casper Hendrik Mulder had to be appointed with immediate effect to the position of aviation technician, a position in which he had been acting, while another of the union’s members, Marthinus Cornelius Coetzer, who had since left the employ of SAAT, had to be compensated to the tune of more than R159 000.
Wednesday’s ruling followed that of Monday when a settlement was reached, resulting in the third Solidarity member, Ettienne van der Berg, being appointed aviation technician retrospectively with effect from April 2011.
The Court had also ordered SAAT to pay Monday’s legal costs in full, as well as one-third of Solidarity’s legal costs for Tuesday and Wednesday.
Solidarity Centre for Fair Labour Practices head Dirk Groenewald said the settlement with SAAT was proof that posts could not be reserved.
“Posts may not be left vacant in such circumstances where there are no suitable black candidates for appointment, while there are suitable white candidates. This is unfair labour practice under the banner of affirmative action.
“Employers, contrary to legislation, are simply following a mathematical approach to affirmative action, regardless of the impact it has on competent individuals who are obviously suitable for appointment,” he said.