In the case UNTU obo Malapela Rina Motheng v Ngoako Mafa N.O & Others, heard by the Labour Court of South Africa, the Applicant, represented by her union (UNTU), challenged an arbitration award regarding an alleged unfair labor practice in a recruitment process. Ms. Malapela Rina Motheng, a train driver at Transnet Freight Rail, applied for a promotion to Section Manager Train Traffic but was not appointed, despite going through a written assessment, an interview, and a psychometric test.
The Applicant’s main arguments in the review centered on two grounds:
Admissibility of Psychometric Assessment: The Applicant argued that the psychometric assessment report, which influenced the decision not to appoint her, constituted hearsay evidence as the assessor was not called to testify. She claimed the Commissioner committed a procedural error by not ruling on its admissibility.
Application of Recruitment Policy: The Applicant contended that the psychometric test was improperly applied, as Transnet’s recruitment policy limited psychometric testing to grades A to E, while the position in question was grade G.
The court found that while the Commissioner did not rule on the psychometric report’s admissibility, this oversight did not affect the outcome, as the key issue was whether Transnet’s policy allowed psychometric testing in this context. The Commissioner reasonably concluded that requiring the test did not violate Transnet’s policies and was agreed upon by the interview panel.
Thus, the court dismissed the review application, finding that the arbitration award was reasonable and that no costs order was necessary.
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