Eskom has been criticised for its policy of excluding individuals from non-designated groups, such as white males, from being shortlisted for advertised positions.
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The Cape Town Labour Court has ruled that Eskom’s policy of not shortlisting individuals from non-designated groups constitutes an ‘absolute barrier’ and violates South Africa’s affirmative action law, as reported by News24.
Long-time Eskom employee, AP Erasmus learnt that he was ineligible for a managerial promotion solely because he was a white male.
‘Eskom must take remedial steps to ensure that the said practice ceases,’ said Judge Hilary Rabkin-Naicker in a new ruling.
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Erasmus made it onto the shortlist only by identifying as ‘African’ in his job application, a description he claimed was principled rather than deceptive.
Despite receiving higher scores than the other candidates and having his boss’s support, Erasmus did not get the job, which remained unfilled. After being denied the position, Erasmus filed an internal grievance with Eskom and learned that no suitable candidates from designated groups were available.
Unable to resolve the issue through the Commission for Conciliation, Mediation, and Arbitration, Erasmus, supported by the trade union Solidarity, took the matter to the Labour Court, alleging racial discrimination.
Valerie Dibela, an Eskom HR manager, testified that Erasmus was excluded from the first recruitment round because white males were overrepresented at the managerial level he applied for.
She stated that if Erasmus had identified as a white male instead of an African, he would not have been shortlisted at all. Eskom argued that its policy did not violate employment law, which prohibits ‘absolute barriers’ against any racial group. They contended that white employees could apply in a second round if no suitable candidates from under-represented groups were found in the first round.
Judge Rabkin-Naicker found Eskom’s explanation unconvincing, stating it ‘lacked nuance’.
She acknowledged that Erasmus had faced discrimination but did not order his promotion, instead, she awarded him 18 months’ salary as compensation.
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