The SA Police Service (SAPS) was justified in denying promotion to a police captain because she was white, the Labour Appeal Court ruled on Friday (02/11/2012).
Judge Basheer Waglay said the court upheld the SAPS’s appeal against a 2010 Labour Court ruling.
Solidarity brought the matter to court on behalf of police Captain Renate Barnard, who was refused a promotion because of affirmative action.
Hermann said Barnard twice applied for the position, and was on both occasions recommended as the most suitable candidate by the interview panel.
When this happened a third time, the matter was taken to the Labour Court, which ruled that she be promoted.
Outside the court, Barnard spoke with tears in her eyes of her passion for police work and said she was disappointed at the decision.
"I am disappointed because I am a loyal member of [the] police.
I believe in justice... This is not the end of the road," she said.
Solidarity deputy general secretary Dirk Hermann said the union believed she deserved the promotion.
"This ruling gives us an opportunity to test this important issue in the Constitutional Court.” He said Solidarity was pursuing 32 cases against the government related to the issue of absolute representivity.
"In the bigger picture, it will be good to get clarity on this matter,” Hermann said. - Sapa