The Department of Correctional Services was told to pay R70 000 compensation. Photo: Solidariteit.co.za

An employee of the Department of Correctional Services has been awarded R70 000 compensation on grounds of racial discrimination.

According to a report published by the trade union Solidarity on their website, Philip Kitching applied for the position of Deputy Director: Head of the Correctional Centre in the Rustenburg Management Area in the North West Province in November 2014. The position had been advertised in several newspapers. According to the trade union Kitching “met all the minimum requirement but was not shortlisted as a candidate that could be invited for an interview due to the fact that he is a white man and therefore over-represented at that level in the DCS.”

Solidarity approached the CCMA on behalf of Mr Kitching for arbitration in a case of discrimination in the workplace. It argued “that in terms of section 6 (1) of the Employment Equity Act, it constituted unfair discrimination in the workplace. This section provides that no unfair discrimination based on race, gender, colour, creed, culture, age, etc. may take place but that the employment equity plan of the relevant company should apply. In this case, the DCS’s employment equity plan expired during Mr Kitching’s application process and the DCS failed to implement a new plan.”

Discriminated against on grounds of his race
Earlier this month the CCMA stated that Kitching was unfairly discriminated against on grounds of his race. It ruled that the practice not to short-list someone based on his race and gender placed an “absolute barrier” on his opportunities for advancement in the workplace, and that is clearly prohibited in terms of the Employment Equity Act. It ordered the Department of Correctional Services to pay Kitching R70 000 as compensation.