The applicant, a baker at one of the Pick ‘n Pay branches, applied for a post as trainee bakery manager but was unsuccessful. He claimed that an unfavorable reference by his superior unfairly prejudiced him.
Pick ‘n Pay submitted that the employee was not yet fit to fulfill the position of bakery manager because his work as a baker still needed constant supervision.
The employee wanted to introduce into evidence tape recordings he had procured without Pick ‘n Pay’s consent.
The commissioner ruled that the tapes could not be admitted because the employee did not furnish the employer with copies thereof in terms of a previous ruling.
Evidence was led that the applicant had been one of 65 applicants for 13 trainee posts. The employee was effectively asking the CCMA to replace the employer and to decide whether he was competent to fill position. The commissioner was convinced that the employee was not yet suited for the position of trainee manager. The applicant had accordingly failed to prove an unfair labour practice.
The application was dismissed.