Tuesday, March 20th, 2018
By Herman Perry
No-one wants to keep on working in the same job if there is a possibility that he or she may be promoted at their existing employer.
Many employers give individuals the opportunity to apply for promotion. The need for promotion arises when an employer has a job opening and is of the opinion that an employee at a lower job level who performs well and possesses the necessary knowledge and skills could fill that higher position.
When employers advertise promotional positions, they are required by our labour laws to follow the regulations and criteria set out in the advertisement. Should they not adhere to that, it could constitute an unfair labour practice.
It is important to note that no employee (public service or private) has a right to receive promotion. Therefore, it often happens that the individual awarded the highest score by a panel during an interview is not promoted for reasons not directly related to the job interview process. However, employees may ask to be provided with fair reasons for not receiving the promotion.
Our judicial authority does not readily interfere with an employer’s decision not to promote someone. In its recent verdict in the case Ncane v R Lyster en andere, the Labour Appeals Court confirmed that the court would only interfere with an employer’s decision not to appoint an individual if the employer had acted irrationally, grossly unreasonably or maliciously in his decision not to appoint the person.
It is also important to note that each case concerning a promotion is unique and therefore the facts of each individual case should be properly considered.
When our members apply for promotion, it is important that their applications regarding alleged injustices during a promotion process are properly considered. In the case of unfair labour practices, only meritorious cases will be referred.