Did NOT get promoted? You may have legal options...

Aubrey Masango speaks to Zanele Chauke of the Employment and Labour Law Department at Molatudi Attorneys.

Listen below.

Issues of non-promotion and demotion can be deeply unsettling for employees.

There are legal remedies, if you believe you’ve been wrongfully overlooked for a promotion or unjustly demoted. 

Understanding your rights as an employee and the legal frameworks in place can help you seek redress. 

Chauke says employers may promote candidates based on operational requirements, but it must be 'reasonably' done.

She says it's about balancing the rights of the employer and the employee.

"Whatever the employer does, it must be reasonable. On the other hand, employees do not have an automatic entitlement to promotion or to be placed in a vacancy."

- Zanele Chauke, Molatudi Attorneys

However, says Chauke, it may be that an employee has grounds to challenge non-promotion, under Section 185 of the Labour Act dealing with unfair labour practices.

This is an unfair act or omission that arises between an employer and an employee.

"In relation to promotion, it will be a case where the employer overlooks the employee..."

- Zanele Chauke, Molatudi Attorneys

In such a case, the employer can bring an unfair labour practices case before the CCMA.

"The onus will be on her to prove to the CCMA that she is qualified, has the experience... and convince the commissioner that, in terms of this particular position, she was the best canadidate."

- Zanele Chauke, Molatudi Attorneys

Chauke says the employer would then have an opportunity to justify why an alternative candidate was appointed.

Ultimately, says Chauke, the outcome from the CCMA rests on the 'merits of the case'.

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