News24 reports that the Constitutional Court has reserved judgment in a case involving the City of Cape Town and a firefighter who was refused an advancement after suffering permanent injuries during a work accident.

Adam Damons was injured during a drill at the fire station in 2010, after which he was unable to perform the physical duties required of a firefighter. The City conducted an incapacity inquiry, which resulted in Damons being transferred as of January 2013 to the finance and billing section, where he carried out the administrative functions. Thereafter, Damons applied for a transfer to his current position in the fire and life safety education section. He then applied for a promotion to the post of senior firefighter, in accordance with the City’s fire and rescue advancement policy, which was published before the accident in April 2009. He successfully complied with all the requirements for advancement, except for a practical physical assessment which he could not undergo due to the nature of his injuries. He requested the City to relax the physical assessment requirement, but the City refused and dismissed his application for advancement. The Labour Court found in Damons favour, and the City was directed to reconsider his advancement application. The City, however, appealed the finding at the Labour Appeal Court, which found that it was not possible for Damons to perform the essential requirements of an active firefighter. The City maintains that it acted in accordance with its policy.

• Read the full original of the report in the above regard by Marvin Charles at News24

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