The Star reports that the City of Cape Town has been accused of acting immorally and arbitrarily by refusing to promote a firefighter who suffered permanent injuries at the workplace.
Adam Damons, who suffered life-changing injuries when he was dropped during a drill in 2010, has taken his employer to the Constitutional Court (ConCourt) over its insistence that it won’t promote him. In papers filed at the apex court, Damons pointed out that the metro did not change his firefighter rank after the accident. He was first transferred to finance and billing, and then to the fire and life safety education section. But 11 years later, Damons remains with no prospects of career advancement. His applications for senior firefighter posts were declined based on his disability. In court papers, Damons has sought to convince the ConCourt that the metro’s lack of action constitutes unfair discrimination. “I submit that it is against good morals to prejudice someone injured permanently at the workplace, because of the negligence of the employer, by refusing him advancement opportunities when the very same establishment has seniors who are also disabled like the applicant,” Damons’ lawyer argued. In its papers, the city maintained that it has acted in accordance with its Fire and Rescue Advancement Policy adopted in 2009. This policy states that one must be physically fit to be considered for appointment as a firefighter, and subsequently for promotion. |
- Read the full original of the report in the above regard by Bongani Nkosi on page 2 of The Star of 11 August 2012
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