SSSBC finds Solidarity member must be promoted after unfair labour practice by SAPS
10 March 2021
The Safety and Security Sectoral Bargaining Council (SSSBC) delivered a ruling in favour of the Solidarity member Joseph Adams against the South African Police Service (SAPS). This followed in the wake of the SAPS perpetrating unfair labour practice.
In terms of the ruling, Lieutenant-Colonel Adams must be promoted to the rank of colonel, and his promotion must be dated back to 1 November 2016. Solidarity referred the case to the SSSBC on behalf of its member. According to Solidarity, the SAPS treated Adams unfairly because another candidate, Lieutenant-Colonel Setunku, was appointed in a vacant Commander position by the SAPS although it had been proven through arbitration that the Solidarity member was the more competent candidate.
“Adams applied for the promotional position of Commander, a position in which he had already acted several times for long periods. With his 31 years of service, 16 years of which as a lieutenant colonel at the time when the position was advertised, he was one of the strongest candidates and the designated person to be appointed to this position,” said Ronel Stander, organiser of the Public Sector at Solidarity. “However, another candidate with only 13 years of service, only 5 years of which as a lieutenant colonel, was appointed in the position.”
According to Solidarity, another matter for concern was that the appointed candidate not only had less experience, but she also gave the panel a false impression that she had achieved a certain qualification although she had not yet obtained that qualification. Solidarity also argued that the marks awarded to the two candidates were questionable as Setunku had received much higher marks at the expense of Adams. The SAPS was also reluctant to make documentation regarding the promotion process available to Solidarity and the arbitrator, in terms of the Promotion of Access to Information Act, which would have exposed these facts.
“It is clear that the appointment was made deliberately, and it was premeditated. The panel was biased in favour of Setunku and chose to appoint this inexperienced candidate in the SAPS as Commander rather than to appoint an honest, loyal and experienced candidate.
“This discrimination cannot be tolerated by Solidarity. We are pleased with the ruling and that justice has prevailed for Adams. The message to the SAPS management has been made clear, namely that Solidarity will be the watchdog over their processes, and that we will not allow our members to be treated unfairly,” Stander concluded.
Issued by Ronel Stander, Organiser: Public Sector, Solidarity, 10 March 2021
