Good day.

I applied for a casual shop assistant job at a nearby mall. The company called back and, among other questions, wanted to know if I had been involved in any CCMA cases with previous employers. I answered yes, that I took a former employer to the CCMA for unfair dismissal and won the case. This was back in 2010. Upon hearing this, the company said that unfortunately it was their company policy not to hire people who had gone to the CCMA before and that they could not consider my application.

My question is this; is it legal for a company to not hire based on the fact that many years before someone took their then employer to the CCMA? This does not sound right to me. I am worried that this might become an issue down the line with other prospective employers. I would appreciate any feedback.

Thank you