Monyakeni v SSSBC (SAPS) (JA 64/13) [2015] ZALAC 17 [2015] JOL 33240 (LAC) (19 May 2015) per Landman JA (Sutherland JA and Mngqibisa-Thusi AJA concurring)
The Labour Appeal Court partially allowed the appeal. The dispute concerned an alleged unfair labour practice relating to promotion. A commissioner found the process flawed and held the employee was entitled to be promoted and awarded compensation. On review the Labour Court set aside the arbitration award. On appeal it was held that by conflating the various steps the promotion process was irregular. But the employee did not have sufficient experience in the core function of the work. The Labour Court’s judgment was substituted to the effect that the review application was dismissed but no compensation was awarded for any unfair procedure.
‘The so-called no difference principle, is not easily applied in the Labour Court nor in this Court mainly because it devalues the role of process. But in this case, it is clear that even had the prescribed process been faithfully followed, the appellant was simply not qualified, at that time, for promotion to post 6000’.