CASE: Department of Justice v CCMA & Others (2004) 13 LAC 1.11.6
What happened in this case?
The LRA amendment came into effect on 1 January 2015. Do you know what the key changes are?
You might be aware the Labour Relations Act
amendment came into effect, but the real question is do you know how these changes affect you and your company?
That's why we have the Labour Law for Managers Loose Leaf Service
which provides you with updates every time a new labour law comes into effect. We keep you updated so you can comply and avoid penalties that could cripple your business!
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In this case, it was stated that the Labour Relations Act (LRA)
does NOT provide for the 'right' to be promoted. And that unless there is some sort of agreement, or law, giving an employee that right, the whole issue around 'expecting' a promotion is merely a 'dispute of interest'.
What does this mean for you?
While the Court in the above case made it clear that an employee does not have a 'right' to be promoted, there still is a BIG right which an employer needs to uphold when it comes to employee promotions.
That 'right' has to do with FAIRNESS…
Under Section 186(2)
of the LRA,
an employer should be fair in the selection and promotion process towards all employees.
And so if an employee is not happy with your conduct, he can raise a case. In other words, if an employee is not happy with the fairness of your promotion process, then he can take you to the CCMA, where a dispute of right will be addressed.
So what can you learn from this case?
1. The LRA doesn't create a 'right' to be promoted;
2. But you must uphold the right of all employees to be treated with fairness and objectivity during the selection and promotion process.
CAUTION: Remember that if you've shown any unfairness in the promotion process, you'll be guilty of an unfair labour practice.
REMEMBER: Should you find yourself in a situation like this, it's highly advised to consult a legal professional.
*PS: PS: The Labour Law for Managers Handbook
has hundreds of labour case laws you can refer to.