The troubled union, which at some point was considered one of the best-run unions, has been enduring a series of court battles, either with former employees, members and lately the bickering by the leadership. The union employed Tswaipe in 2014, but his contract was terminated two years later in 2016 after he was accused of disclosing confidential information of the union on an Internet chat group called Strategy Room 14. Following the termination of his indefinite period contract, Tswaipe approached the court alleging that the dismissal was procedurally and substantively unfair.
This week Industrial Court judge, Galesiti Baruti ruled in favour of Tswaipe and ordered BOPEU to pay him an amount of P350,919 being 12 months of his salary as compensation for a procedurally and substantively unfair dismissal. He said the remedy of reinstatement is not appropriate under the circumstances. “Respondent shall pay the applicant the amount of P350,919 directly into his bank account or by way of a cheque within 14 days from today. The respondent shall, within 14 days from today, issue applicant with a certificate of employment,” Baruti said. Justice Baruti said the respondent did not comply with clause 11.1.2 of the disciplinary policy, which obligates it not to dismiss an employee unless he or she has received previous warnings.
