CCMA RULING IN FAVOUR OF BEMAWU MEMBER

Re: Unfair Shortlisting Dispute – CCMA Victory Secured

Date: 3 August 2025

Member: Ms Diketso Lekhelebane

Employer: SABC SOC Ltd

Case No: GAJB25160-24

🔎 Summary of Case

Ms Lekhelebane lodged an unfair labour practice dispute after being excluded from the shortlist for the Bulletin Editor: Sesotho News post, despite having acted in that position for over a year. The Respondent cited qualification requirements as the reason for non-shortlisting, despite internal policies allowing broader criteria, including experience and prior learning.

⚖️ Outcome of Arbitration

• The CCMA found the Respondent acted procedurally unfairly by failing to shortlist Ms Lekhelebane.

• Her qualifications and demonstrated competence should have been seriously considered, as required by the Delegation of Authority Framework and Employment Equity Policy.

• The Commissioner held that rigidly applying formal requirements, without regard for equivalent experience, breached recruitment fairness standards.

💰 Compensation Ordered

The Respondent has been directed to pay the equivalent of six months’ salary in recognition of the unfair exclusion and its impact on the member’s career progression.

📚 Lessons for Members

• Employers must align shortlisting decisions with internal policies that acknowledge acting experience and capacity to perform.

• Acting in a post for a significant period strengthens claims of suitability.

• Unions play a key role in challenging procedural irregularities and advocating for equitable treatment.

Comment from BEMAWU Leadership

“This award sends a strong signal to employers: experience and internal policy compliance matter. We remain steadfast in our mission to protect members from arbitrary decisions and uphold procedural integrity.” — Hannes du Buisson, BEMAWU