Independent Police Investigative Directorate v General Public Service Sector Bargaining Council and Others

The Independent Police Investigative Directorate (IPID) advertised a post of Director: National Specialised Investigation Team (NSIT), requiring at least a relevant Bachelor’s degree or equivalent at NQF level 7. The third respondent, Mr LB John, who held a National Diploma in Police Administration, applied but was not shortlisted as he did not meet the minimum requirements. The fourth respondent, Mr Tlou Samuel Kgomo, was shortlisted and appointed despite evidence that his application was late, incomplete and non-compliant. Mr John referred an unfair labour practice dispute relating to promotion to the General Public Service Sector Bargaining Council. The arbitrator found that IPID committed an unfair labour practice by not shortlisting Mr John while shortlisting and appointing Mr Kgomo, and awarded Mr John compensation equal to 12 months’ remuneration. IPID applied to the Labour Court to review and set aside the arbitration award.

The arbitration award issued by the second respondent under case number GPBC1989/2025 was reviewed and set aside. No order as to costs was made.

The judgment reinforces established Labour Court and Labour Appeal Court authority that shortlisting and promotion are discretionary components of a broader recruitment process, and that failure to shortlist an employee who does not meet minimum requirements does not constitute an unfair labour practice. It confirms that arbitrators may not award compensation where no substantive unfair labour practice is established, and underscores the application of the Sidumo reasonableness test in review proceedings.