Court: Employ this white woman

2012-07-06 10:08

Johannesburg - The Labour Court has ruled that Denel Dynamics should appoint a white woman in a permanent position.

This blow for affirmative action came when senior secretary Ansie van Niekerk turned to trade union Solidarity after Denel appointed her seven times on fixed-term contracts and passed her over for a permanent position three times, reported Beeld.

She also worked as a contract worker for 24 months at Denel.

The reason she was given again and again as to why she couldn’t be permanently employed was affirmative action.

Eventually an external applicant, a black woman, was appointed to the vacant position.

Judge André van Niekerk on Thursday ruled van Niekerk should be appointed retroactively to February 2011.

  • gareth.perkins.52 - 2012-07-06 10:15


      mark.richardson.3914207 - 2012-09-29 14:17

      This is only the begining it will get a lot worse after the next election the country is now deemed more racist than ever before. That is the conclution of 28 members of the australian parliment and 32 members of the european union all will be debating over the coming months the situation and how they can insert sanctions . good luck

  • Ian - 2012-07-06 10:16

    good, need more of this and some work will get done, oooooh I guess i'm a racist now LMFAO ;)

      Neven.Subrayal - 2012-07-06 11:46

      I agree with Themba. Ian if the shoe fits, KICK Themba in the ass with it.

  • ron.bilyard - 2012-07-06 10:17


  • Ben - 2012-07-06 10:22

    More white people need to go to court about this malpractice.

  • Tony-Lapson - 2012-07-06 10:23

    Whats wrong Journalist? Scared to put your name on this article?

      mulzar - 2012-07-06 11:09

      Hmmmm TL if you bothered to follow the link to the original post you would have seen who the journalist is... Coffee or tee?

  • andrew.mckenzie.566 - 2012-07-06 10:24

    Right. Good decision i believe. Howeveer - would you really want to work for a company that behaves this way?

  • deon.devilliers.129 - 2012-07-06 10:25

    It is sad to see that we need a court ruling to appoint the right people for the job

      george.outremer - 2012-09-29 21:39

      My thoughts exactly. This case is likely to set a precedent. My sister is in a similar position where she has been instructed to reapply for her 'permanent' position. She has been told the permanent position is hers - BUT the company need to follow process by first advertising the permanent position.

  • rob.bayliss.94 - 2012-07-06 10:25

    Assuming that Ansie was the best qualified for the position this is a refreshingly appropriate outcome. let's have more appointments based on appropriate qualifications, experience, and individual merit. Then we will be creating an environment that rewards everyone for hard work and ability.

      barker.ruing - 2012-07-06 11:41

      I think that the ruling would not have been about the qualifications of the people, but rather the unfair labour practice conducted by Denel. After 3 fixed term contracts she should have been automatically employed as permanent staff.

  • chris.kleynhans - 2012-07-06 10:27

    Well done!!!! I say, well done!!!!....Why should we have this discrimination against a competent person based on skin colour, almost twenty years after the end of Apartheid. Apartheid developed out of a need to overcome the effects of the British Empire and Affirmative Action out of the need to correct what Apartheid has done. But nobody ever gets to a point where we say, enough time has been given and now it is up to the individual to prove his worth again. The ANC has failed in the Education of our children and in terms of that it has become an ANC failure now, Apartheid should be less prevalent. And I am not one that says that there are not still wrongs that needs to be corrected..Just looking at our traditional sports teams it is clear that if a person of colour sticks his hand up he can make it and will be supported by the majority of the whites...We all love achievers and we look down on freeloaders.

      barker.ruing - 2012-07-06 11:44

      @Kevin Seperate development was enforced when this country was called the Union of South Africa. ie. Governed by the British Empire. When South Africa became independent in 1961, the Nats perfected seperate development and renamed it to Apartheid.

  • flaming.oven - 2012-07-06 10:32


  • samantha.5243 - 2012-07-06 10:32

    am glad they decided in her favour, she deserved it,

  • ivan.cwaile - 2012-07-06 10:35

    Shame on you Denel Dynamics!!! This affirmative nonsense is taking us no where. As a black man I believe that everyone should be employed on merit and with equal opportunities. Good for you Ansie and let no one break your spirit. This is not affirmative but blatant discrimination I say.

      bob.mcmillen.564 - 2012-07-06 10:48

      Ivan, well said my man, you and people like you are the future for this country, this government does not understand how pathetic and morally wrong affirmative action is, affirmative is just another word for discrimination, very demeaning for people of colour to know they are employed because of their skin colour, or are selected for a sports team because of their skin colour, disgraceful.

  • themba.thwala.98 - 2012-07-06 10:38

    Labour laws prohibit contract work which goes beyond a period of two years. Such contractor automatically becomes an employee after two years. That was the first injustice. AA is meant to affirm white women too. The fact that Ansie was kept on a contract while Denel looked for a black woman also shows how poor their HR's understanding of the law is. Good that you took them on Ansie. Denel is a parastatal. Everyone that works there is an employee of the state paid by the taxpayer. Therefore no one should treat anyone as if they own the company

      WysJouMys - 2012-07-06 10:52

      I wish that was true. I work for a well known airline and half our staff (black and white) are on contract, including me. There are no plans to change that and some of us have been on contract for more than ten years.

      themba.thwala.98 - 2012-07-06 11:21

      I can assure you there is case law to this effect. Certain factors are considered, such as whether you work under the directo control\\supervision of someone who is an employee, do they impose hours of work on you, etc. In short, can someone who`s observing you as an outsider see you as an independent contractor or an employee. It's a test called “the dominant impression“ test found under s200A of the Labour Relations Act. If after two contract roll~overs you still look as an employee to an outsider, the law will declare you an employee

      WysJouMys - 2012-07-06 12:56

      Yes, thats true. But they are clever- they bump our salary to just above R150k per year, then they can do with us whatever they want. Many people earn less, yes, but now they can very easily get rid of half our staff which are all skilled people nor do they have to pay any overtime or benifits. They have us by the short hair, and they know it. But hey, atleast I have a job and I am greatfull for that.

      zeb.rakolote - 2012-07-07 11:30

      True Themba,ppl dont understand even the law that was made by themselves. AA comes in where a white person and a black person with similar qualifications and experience compete for a position. This rubbish done by so-called black CEOs,where they reserve a post for their cousin or lover's son who is still in matric,must come to an end.Services are hampered while they use AA as excuse.

  • alu.ntsandeni - 2012-07-06 10:40

    I am tired of this Affirmative action no nonsense, people should be employeed on their merit and not on skin colour..

      paulmandlankosi - 2012-07-06 11:55

      But you benefited from it, is that not selfish man?

      BigChiefPlumbPudding - 2012-07-06 11:57


  • Chriskoi1 - 2012-07-06 10:48

    Dis nou BAKGAT

  • derek.smith.12177276 - 2012-07-06 10:55

    A person with genuine qualifications doesn’t need AA....Therefore, those who demand AA are obviously NOT QUALIFIED..! To offer AA to a GENUINELY QUALIFIED applicant would be an insult to his ability and integrity. Acceptance of AA is therefore an admission of FAILURE and INFERIORITY..! AA is thus for LOSERS only..!”

      alfie.dunn - 2012-07-06 11:34

      Derek...You got that one right. AA is for losers and under-achievers that want a short cut to wherever. Failures of note that think they deserve everything on a golden platter.

  • lulama - 2012-07-06 11:07

    That is BAD, the court should have declared Affirmative Action an illegal practice. This AA has really affected blacks badly, some of the black youngsters are not willing to work because they feel entitled to certain things. People must work and be promoted accordingly.

  • gail.fletcher.351 - 2012-07-06 11:09

    Ansie 1 == Affirmative Action 0.

  • mulzar - 2012-07-06 11:12

    What I find worrying is the comment "This blow for affirmative action..." - bit biased wouldn't you think!?

  • badballie - 2012-07-06 11:12

    It seems there may be justice in this country in spite of ANC policy

  • charmaine.rowlands - 2012-07-06 11:23

    Excellent, about freeking time

  • khensani.nkanyani - 2012-07-06 11:27

    Go Ansie x2 you deserve it dear

  • maureen.churchill.9 - 2012-09-29 15:26

    Well Ansie Van Niekerk finally you got what you wanted. It's the government in this country which fuels racism, in that way they feel they have the black electorate in the palm of their hands, and so to ensure they keep control they keep AA alive.

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