An employee who felt that she should have been protected against retrenchment in terms of Employment Equity legislation has lost her case.
Earlier this week the Johannesburg Labour Court ruled that the (Employment Equity) Act did not impose an obligation on an employee embarking on retrenchments to dismiss white, rather than African, employees.
Josephine Thekiso submitted that she should have been retained under affirmative action because she was a black woman.
The court dismissed her claim holding that the Act did not establish an independent individual right to affirmative action.
It also ruled that the company was under no legal obligation when making an appointment or dismissal to give preference to suitably qualified employees from a designated group.
full story from M&G here