Pending criminal case costs applicant top court position in the Eastern Cape

THE failure to disclose a pending criminal case when asked to do so during a job application can have dire consequences, as an applicant who applied for the position of a court manager discovered.

- ZELDA VENTER

Siphephelo Luthuli applied for two posts in the Eastern Cape as court manager. He was recommended as he was deemed the best candidate. He denied on his application form that he had a criminal record or any pending cases against him.

But it was later discovered that there was a pending case relating to alleged driving under the influence of alcohol. The Office of the Chief Justice (OCJ) then withdrew its recommendation that Luthuli get the job.

Luthuli took the matter on review before an arbitrator, who ruled in his favour and found that the OCJ was guilty of unlawful labour practice. The OCJ was ordered to compensate him by paying him R61,000, but the office took the matter on review to the Gqeberha Labour Court.