Fridge firm ordered to pay ex-employee P11,730

BAME PIET
Staff Writer | Wednesday July 9, 2008 00:00

The company was given up to September 30 to pay the amount. However, the court ruled that Kelebetse was not entitled to notice pay as he failed to give the requisite six-week notice in accordance with the law when he left the company in 2004. He forfeited some leave days to cover for notice days he should have served.

Kelebetse had made application to the court to help him get his severance benefits, leave pay and notice pay. In her judgement, Justice Tapiwa Marumo, said that GR had been duly served with the notice for hearing, but they never showed up, hence the matter proceeded in default of their appearance. Kelebetse testified on oath that he was employed on 7 November, 1993 as a duct erector on a monthly salary of P400. He worked from 7am to 5pm daily, for five days a week. His employment ended on 10 June, 2004 after working for the company for 10 years.

Marumo noted that when calculating the length of Kelebetse's employment, GR wrongfully excluded the six-month probationary period from 7 November, 1993 to 6 June 1994.

The applicant told the court that he had not been paid any severance benefit during the period of his employment and that when he lodged a claim at the end of his first five years, he was told to do so in writing. He filed a written claim and was told would receive a response in six months. 'Six months passed and no response was forthcoming. Soon the respondent was moving office, and the applicant was constantly working outside Gaborone, so he decided to wait until the next period of five years had lapsed before making another claim,' Justice Marumo said. Kelebetse told the court that when the second period of five years lapsed, he approached his employer again, and this time for payment of a period of 10 years and some months. He was told he would be paid but nothing happened.

He told the court that by this time the company was not doing well, as salaries were not being paid on time and relations between the employer and employees were generally deteriorating. He decided to resign, and he tendered his written notice to terminate by a letter dated 28 May, 2004, indicating he would leave on 10 June, 2004, which he did. 

Justice Marumo said that GR wrote to the court that it had paid Kelebetse his gratuity for the first 60 months, but failed to state how much was paid, nor has it annexed any form of documentation to confirm the payment.

'The respondent, however, conceded that it owes the applicant his severance benefit for the second five-year contract that ended in 2004,' the judgement reads. She concluded that Kelebetse had never been paid his severance benefits for the period of employment spanning from 7 November, 1993 up to 10 June, 2004.