Cape Town - Labour Court proceedings in which the SA Revenue Service (Sars) is accused of implementing a race discrimination policy have reached a deadlock while some of the employees have passed away.
The matter is expected to head back to the Labour Court sitting in the Western Cape High Court for trial in November.
The 93 Western Cape staffers, four of whom have died, are also claiming compensation from Sars because they say the 2016 transformation policy disabled them from applying for positions or being promoted on the basis of race.
The employees had taken the tax collecting authority to court over the policy which they argue was designed to discriminate against coloured and Indian workers under former Sars commissioner, Tom Moyane.
According to the pre-trial court document, “parties have engaged in an extensive mediation process with a view to reaching a settlement but these efforts have been unsuccessful so far. The parties remain amenable to considering reasonable settlement offers.”
Asked to comment on the pending court proceedings, Sars declined to comment.
According to court documents the trial is expected to last two weeks.
In their arguments staffers averred: “The policy of practice, and its application and implementation by Sars does not constitute steps that promote equal opportunity in the workplace by eliminating unfair discrimination.
‘‘On the contrary, the policy or practice, and its application and implementation, promote the creation of unequal opportunities and unfair discrimination in the workplace,” the employees said.
The group of staffers had also asked that the claimants be afforded protective promotion, payment of damages by Sars in an amount determined by the court.
Attorney for staffers, Mark Hess, said: "My clients are eager for the matter to be finalized soonest, especially in view of the fact that after a lengthy period of Mediation. the matter could not be resolved amicably between the parties."
Cape Times