Injured firefighter wants ConCourt leave to appeal ruling favouring City of Cape Town - The Mail & Guardian

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Injured firefighter wants ConCourt leave to appeal ruling favouring City of Cape Town - The Mail & Guardian
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Adam Damons argues he has faced unfair discrimination, and that the City’s promotions policy did not make provision for discrimination based on disability.

in favour of the city that physical ability was an inherent requirement of the job and that all firefighters, regardless of disability, were required to undergo a physical assessment before promotion to a senior position.

When he applied to become a senior firefighter, Damons complied with all the requirements except for the final requirement of a practical physical assessment. Because of his physical disability, his application was dismissed, despite his request to the city to relax the requirement. Feni said Damons had reached an agreement with the city after the accident “on condition that he is going to retain his remuneration, and benefits, together with future promotions”.

Justice Leona Theron said she found it difficult to understand the policy which clearly stated that it applied to all permanent staff members “actively involved” with operational firefighting and rescue activities. Conradie said it was evident that physical ability was an inherent requirement of the job of firefighting and that once the inherent requirements were successfully raised, there was no unfair discrimination and no other considerations should be taken into account.

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