Many arguments arise in the workplace regarding promotion to an existing post, perhaps upon retirement or resignation of the existing incumbent, or even to a newly created post. The majority of employees believe that because they are already working for the company, are already employed in a specific department, or have held the position immediately below the one that is open for application for a number of years, they are entitled to a promotion or priority over other candidates.
This is not so. An employee does not have any legal entitlement to be promoted to a higher post. If there are conditions contained in the employment contract regulating promotion, then of course the employee could make a claim in terms of those conditions.
Promotion refers to being elevated to a higher position, typically with an accompanying increase in pay and/or perks, as well as likely an increase in duty and responsibility. It may also refer to an elevation in status.
The so-called “lateral transfer” is not a promotion as a result. Also to be noted is the requirement that an employer must act unfairly if they refuse to promote a worker to a higher position. It is called a “unfair” labor practice for this reason. It is impossible to argue that an employer engaged in unfair labor practices if they can demonstrate that the decision was taken fairly, sensibly, and legally.
This makes it challenging. Employees within the company frequently submit more than one application for a position. When considering applications from current employees, the employer will obviously also take into account other factors such as the applicant’s attendance record or disciplinary record, the applicant’s management skills if the vacancy involves a management position, the applicant’s past loyalty to the company, his efforts to further the company’s goals, and other relevant information.
Even though an employer typically would not be able to quantify such characteristics when contemplating an outsider, the employer would naturally consider such criteria for his current staff. It would be absurd to say that the employer might not take these considerations into account when determining who is the best qualified candidate for the position because doing so would actually favour internal applicants for the position.
If you require assistance with this issue, BIMAS can help you based on your specific situation.
