Labour Court Slams George Municipality for Unfair HR Appointment

In a landmark ruling, the Labour Court has dismissed George Municipality’s attempt to legitimise the 2015 appointment of a Human Resources manager who did not meet the advertised qualification requirements. The court upheld that the appointment constituted an unfair labour practice, reinforcing the importance of fair and transparent public sector hiring processes.

The municipality had approached the court seeking to have an earlier arbitration sanction reviewed and set aside, arguing for a fresh hearing before a new commissioner. However, Acting Judge Glen Cassells ruled against the municipality, confirming the original findings of the South African Local Government Bargaining Council.

The issue stems from the municipality’s decision to appoint a woman to the HR manager post despite her not holding the required NQF Level 7 qualification at the time. She had only a diploma in library and information services and was one subject short of completing a relevant post-school qualification. Meanwhile, two other internal candidates who held the correct qualifications were overlooked.

The arbitrator found that had the shortlisting committee and municipal manager been aware of her incomplete qualification, she likely would not have been considered.

“She should not have been shortlisted and accordingly not appointed into the advertised position… By allowing her to be part of the process and to be appointed under the circumstances amounted to an unfair labour practice,” said Judge Cassells in the judgment.

Importantly, the employee has since retired, but the Labour Court case was brought forward in a bid to retroactively validate the appointment and challenge the arbitration’s outcome. This move has now been decisively rejected.

An audit of the municipality’s HR department in 2019 brought the matter to light, revealing to the aggrieved employees that their colleague lacked the required qualification. The court also noted that no clause in her appointment letter required her to complete the qualification within a reasonable time, further undermining the municipality’s defence.

The ruling reinforces expectations that public sector appointments must strictly follow the advertised criteria and cannot bend requirements without clear documentation and justification.

Despite requests, George Municipality has not responded to media enquiries by the time of publication.

{Source: IOL}

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