Fireman wins fight against City of Cape Town

A firefighter‚ who was injured during a training drill eight years ago‚ was denied promotion by the City of Cape Town because of his disability. But now his employer has been ordered by the Labour Court to reconsider its decision.

Obo Damons was kept on as a firefighter and worked in administrative and educational positions.

He applied to become a senior firefighter in positions that did not require that he perform physical tasks but was not promoted. Judge Hilary Rabkin-Naicker found that the City's actions amounted to unfair discrimination and ordered officials to reconsider his application.

His attorney said Damons’ nightmare started in 2010‚ when a supervisor instructed another firefighter practicing carrying injured people down stairs to carry Damons‚ rather than a dummy. But the person dropped Damons and he was permanently injured.

According to the labour regulations involving the incapacity of an employee‚ the city is obliged to find an alternative position for staff‚ said Richard Bosman‚ the City’s executive director for safety and security. Damons later applied to become a senior firefighter.

A chief fire officer testified in court that Damons was denied the advancement because he could not take the physical assessment portion of the exam. Damons argued that there are several positions at the senior firefighter level that do not involve any such physical tasks. These include positions such as platoon commander and station commander.

Judge Rabkin-Naicker said: “A particular factor that needs to be considered by the court is that Damons’ disability arose because of an accident at work when a decision was taken to use him‚ instead of a dummy‚ during training.

"Applying the law to the evidence before me‚ there is no question that the barrier to Damons’ advancement impairs his dignity.” In her judgment‚ delivered on April 20‚ she gave the city 15 court days to reconsider Damon's advancement application. Bosman said in an email that the City would study the judgment and consider its options to appeal it.