Nainaar v Department of Works, KZN (D839/05)  ZALCD 26 (19 May 2015) per Fouché AJ.
In reviewing an arbitral award concerning alleged unfair conduct relating to promotion the Labour Court upheld the award aside as it was reasonable and justified. The Labour Court approved an earlier judgment in the Labour Court of Wallis AJ, as he then was. That judgment was to the effect that in a dispute over promotion it is not sufficent for complainants to allege that they are qualified by ‘experience, ability and technical qualifications’. Complainints must also prove that the decision to appoint someone else to the post was unfair. ‘That will almost invariably involve comparing the qualities of two candidates. Provided the decision by the employer to appoint one in preference to the other is rational it seems to me that no question of unfairness can arise’.