Posted by: Laura | 2009/06/23

Unfair labour practice

i have applied for post which i believe i met all the stated requirements but not shortlisted. Three days after closing date , i enquired about the receipts my applicatperiod which was delivered to the institiution by courier service which receipt was according to the delivery report received by HR employee.i was taken from one official to the other. until the day when i was told by the HR person ( a person who received my application) that they could not check/confirm whether my application was received or not because all the received applications were forwarded to the relevant division within which the advertised post isattached. i was told to phone after thirty days which i did however culd not get a concrete answer instead told by the official quoted as enquiree in that advert that they have received from HR all the applications and a schedule list of received application for the post and he could not check for me whether mine was amongst the list or not. i was then told to keep on checking, which i did. But i then relaxed for sometime, until the time when i was told that they have already shortlisted, interview and just waiting for appoitnment on the recommended candidate.

i now feel so unfairly treated for not being shortlisted for the post that i met the requirements in all respect and attached all required documentations.

My question: can i take action against the institution for not having shortlisted me. do i have a right to request /access list of shortlisted candidates, their CV/profile and criteria used to shortlist the candidates:

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Our expert says:
Expert ImageLabour lawyer

Re: Unfair Labour Practice

In order to show an unfair labour practice you need to show that you were discriminated against in some way or other when you applied for the post. It sounds like impossible to prove in the circumstances that you outlined.

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Our users say:
Posted by: Anonymous | 2009/06/24

Well, if you can prove that their failure to short-list you was a result of UNFAIR discrimination, then you could try force the issue at CCMA. But in all honesty, can you prove that the short-listed candidates weren' t better qualified than you? Tricky tricky... good luck.

Reply to Anonymous

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