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I WAS DENIED A PROMOTION

You Deserve Fair Treatment and Equal Opportunity at Work

If you were overlooked for a promotion that you qualified for — especially if it feels unfair or personal — you might be a victim of an unfair labour practice.
At Ubuntu Labour Support (ULS), we help workers challenge unfair treatment, biased promotion decisions, and discrimination at the workplace through proper legal channels such as the CCMA.

1. What the Law Says

Under the Labour Relations Act (LRA), Section 186(2)(a) —
an “unfair labour practice” includes:

“Any unfair act or omission that arises between an employer and an employee involving unfair conduct relating to promotion, demotion, or training.”

This means that if your employer promoted others unfairly, or didn’t follow a fair process, you can take the matter to the CCMA for review.

2. When Denial of Promotion Is Unfair

Your employer must follow fair, transparent, and consistent procedures when promoting employees.

Your case may be unfair if:

You were more qualified or experienced than the person promoted.
The employer did not advertise the position internally or follow proper selection procedures.
You were never given feedback or reasons for not being promoted.
Your supervisor or manager showed bias or personal dislike toward you.
You were punished or sidelined because of a past grievance or complaint.
The decision was based on race, gender, age, union membership, or personal connections.

If any of these apply, ULS can help you file an Unfair Labour Practice – Promotion dispute at the CCMA.

3. Evidence You Can Use

To strengthen your case, gather:

The job advert or internal communication about the promotion.
Your qualifications, performance reviews, and experience record.
Details of the person who was promoted (if known).
Any emails, meeting notes, or messages discussing the position.
Your written application or proof you applied.
Any proof showing you were treated differently or unfairly.

4. How ULS Can Help You

Ubuntu Labour Support helps workers with:

A. Case Assessment and Advice

We assess whether your case qualifies as an unfair labour practice.
We explain the CCMA process and what outcome you can expect.

B. CCMA Case Preparation

Help completing your Referral Form (LRA 7.11).
Drafting your statement and evidence summary.
Organizing your documents and witness list.

C. Representation Support

If necessary, ULS connects you with trusted labour representatives who can represent you during your hearing.

D. Guidance on Next Steps

We help you request written reasons for the decision.
Advise on whether you should apply internally again or escalate to CCMA.

5. Possible Outcomes at the CCMA

If your case succeeds, the CCMA may order that:
The employer reconsider the promotion decision fairly.
You receive the position or equivalent promotion.
You are compensated for unfair treatment or emotional harm.
Your employer reviews promotion policies to prevent discrimination.

6. Example of ULS Promotion Cases

ULS has helped workers win promotion-related cases such as:
A cashier who was denied promotion because of “favoritism.”
A supervisor who was told “you’re not ready,” despite excellent performance.
A female employee overlooked for promotion due to gender bias.
A worker ignored for promotion after lodging a grievance.
In each case, ULS assisted with the evidence, CCMA paperwork, and case presentation.

8. Important: You Have 90 Days to Act

You must refer your unfair labour practice (promotion) case to the CCMA within 90 days from the date of the decision or when you became aware of it.

If you missed the deadline, ULS can help you apply for condonation (permission to file late).

Take Action Today

You worked hard — you deserve to be treated fairly and given equal opportunity to grow.
If your promotion was unfairly denied, let us help you challenge the decision and restore fairness.

📲 Send “PROMOTION” to 063 953 4529 (WhatsApp)
📧 Email support@ubuntuls.com

ULS will review your case and help you prepare your CCMA referral within 24 hours.