Court slams Eskom for BEE discrimination

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Court slams Eskom for BEE discrimination
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A recent Labour Court judgement found Eskom’s exclusion of non-designated groups from job shortlists, including white males, violates affirmative action laws.

A recent judgment by the Labour Court found that Eskom practised unfair discrimination against a white employee with over 30 years at the company.excluding non-designated groups, including white males, from job shortlists constitutes an “absolute barrier,” breaching South Africa’s affirmative action laws“Eskom must take remedial steps to ensure that the said practice ceases,” said Judge Hilary Rabkin-Naicker in the ruling.The case involved AP Erasmus, an Eskom employee since 1988.

Erasmus, surpassing the minimum qualifications for the position, was shortlisted after he self-identified as “African” in his application. He told the court that this identification was not to deceive or defraud Eskom – something that the court agreed with. The HR department informed him that white males were overrepresented by 16% at the level for which he was applying. They expressed concern over the potential missed opportunity to advance a candidate from a designated group.

Erasmus said the post was “critical” and yet was not being filled, despite his bosses recommending him and him meeting the requirements. Despite assurances, Erasmus argued that he did not get the position because he was white.

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