The CCMA Shadow: Why a Limpopo Man Lost His Bid for a Gambling Board Job

A Limpopo man’s quest to compel the Limpopo Gambling Board (LGB) to hire him has ended in defeat at the Labour Court, with a judge ruling that the board acted lawfully and rationally when it rejected his applicationpartly due to his history of a CCMA dispute with a former employer.

The case centred on Johannes Motatetsi Mantsho, who applied for the position of Company Secretary at the LGB in 2018. He was shortlisted and interviewed in early 2019. While the panel noted he met the minimum requirements, they flagged concerns about his employment history, which showed “frequent movement between positions,” raising questions about his long-term commitment.

The Deciding Factor: A Previous Dispute

The decisive blow came during routine reference checks. The LGB discovered that at the time of Mantsho’s resignation from the North West Gambling Board, he had referred a dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA). There were also unproven allegations that he was facing a disciplinary hearing at the time. Based on this information, coupled with the job-hopping concerns, the LGB informed him his application was unsuccessful.

Mantsho argued in court that he was the best candidate and had been unfairly discriminated against based on false information. He claimed the board’s decision was irrational and that re-advertising the post was a “disguised attempt to conceal irregularities.”

The Court’s Verdict: A Rational Business Decision

Acting Judge Suhayl Rajah dismissed these arguments. The court found the LGB had made a balanced, multi-factored decision, considering not just the CCMA history but also his experience and the panel’s assessment that all shortlisted candidates were better suited for advisory roles.

Judge Rajah stated there was “no sufficient basis” to believe the re-advertisement was sinister, and Mantsho provided no evidence to support his claim of procedural unfairness.

“The court is of the view that the decision not to appoint the applicant was lawful, rational, and valid. It does not fall to be reviewed or set aside,” the judge ruled, dismissing the application with no order as to costs.

The case underscores a hard reality for job seekers: employers routinely conduct reference checks, and a history of labour disputes, even if unresolved or unproven, can be a legitimate factor in their hiring calculus. For Mantsho, a past CMA referral became an inescapable shadow, legally justifying his rejection for a new role years later.

{Source: IOL}

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