National Union of Mineworkers obo N Coetzee & 4 Others v Eskom Holdings SOC Ltd and Others

Eskom undertook a restructuring and transformation process, including migration from the Patterson to the TASK job grading system and implementation of a new organisational structure. Five employees in the Materials Management Department at Koeberg Nuclear Power Station, represented by NUM, contended that despite performing duties aligned with higher-graded positions under the new structure, Eskom failed to upgrade them accordingly. Although new job profiles were evaluated and graded higher, Eskom issued letters stating that the employees’ positions were unaffected by transformation. Internal appeals through the Employee Care Group supported the employees’ upgrades, but Eskom’s Remuneration and Benefits department refused to implement the changes. Other similarly situated employees were upgraded, leading to allegations of inconsistent and unfair treatment.

The appeal was upheld; the Labour Court’s order setting aside the CCMA award was overturned, and the CCMA award finding an unfair labour practice and ordering upgrading and back pay was reinstated.

The case clarifies the application of migration and restructuring policies in large organisations and affirms that employers may commit an unfair labour practice by failing to align grading with actual job content, especially where internal processes support upgrading. It reinforces protections against inconsistent treatment during restructuring.