The case of Department of Higher Education and Training v Commissioner Smiza and Others highlights the delicate balance employers must maintain when exercising discretion in their recruitment and promotion processes. This case, centred on an appeal concerning unfair labour practices related to promotion, serves as a crucial reminder of the importance of fairness and adherence to internal policies.
In its ruling, the court acknowledged that employers possess a certain level of discretion when making decisions about promotions. However, this discretion is not absolute and must be exercised within the bounds of fairness. The court emphasised that employers are obligated to follow their own internal policies and procedures consistently throughout the recruitment process.
One of the key takeaways from this case is the court’s affirmation that additional criteria can be introduced during the shortlisting process. However, these criteria must be applied fairly, transparently, and in a manner that does not disadvantage any candidates unfairly. The decision reinforces the principle that fairness in the promotion process is not just about following the letter of the law but also about ensuring that all candidates are given an equitable opportunity.
For employers, this ruling underscores the importance of clearly defined and consistently applied recruitment policies. It also highlights the need for transparency in the promotion process, ensuring that all criteria are communicated clearly and applied uniformly. By adhering to these principles, employers can avoid claims of unfair labour practices and foster a workplace culture that values fairness and equity.
Conclusion
The Department of Higher Education and Training v Commissioner Smiza case serves as a critical reminder that while employers have the discretion to make decisions about promotions, they must do so within the framework of fairness and transparency. By following internal policies and applying additional criteria consistently, employers can ensure that their promotion processes are both legally compliant and fair to all candidates.