There are many problems that arise in the workplace when promoting an employee to a new or existing post in your company.
After all, 'most employees are of the opinion that because they are already employed by the employer, or because they are already employed in that particular department, or have a number of years' experience in the post just below the vacant post, that they are entitled to be promoted, or that they have an entitlement to receive preference above any other applicants,' explains The South African Labour Guide.
But that couldn't be further from the truth.
Just because they've worked in your company 'forever' doesn't mean they're legally entitled to a promotion.
But be warned, says the Labour Law for Managers, this doesn't mean you can't be accused of unfair labour practices from an employee that doesn't get a promotion.
What must your employee prove when she accuses you of an unfair labour practice?
'The onus is on your employee to prove your decision not to appoint her is an unfair labour practice,' explains the Labour Law for Managers.
To do that, she'll have to convince the arbitrator that your decision is unfair on one or both of the following grounds:
When it comes to unfair labour practices and promotion, the latter is usually your biggest risk. That's why it's imperative you follow your company's promotion procedures, says the Labour Law for Managers.
So if your procedures require you try to fill vacancies by promoting employees internally before looking outside the organisation, adhere to that and recruit externally only if you're satisfied that there's no suitable internal candidate available.
By making sure you do that, you'll be able to safeguard your company from unnecessary time and money spent defending an unfair labour practice case at the CCMA.