BFA ordered to pay Taylor P330,000
Chakalisa Dube | Saturday March 4, 2023 06:00
Taylor was dismissed by the association early last year after undergoing what she termed a grossly unfair disciplinary hearing. She was accused of overspending more than P6 million meant for FIFA projects. This week, the Industrial Court concurred with Taylor that her dismissal from the association was "substantively and procedurally" unfair. Justice Anna Petje of the Industrial Court awarded the former CEO P330,000 as compensation and ordered that the money should have been paid by March 28, 2023. The amount is the equivalent of Taylor’s six months’ basic salary, which excludes allowances. The court found that Taylor was being victimised as there was overspending at the association well before her appointment. “It is evident from the respondent’s case that the alleged over-expenditure was traced from way before the applicant was employed by the respondent and in fact, even a month into her contract of employment, there was overspending and it cannot be blamed on her,” Justice Petje said in the ruling. Taylor joined the BFA in May 2021. The judge further averred that the association was not even aware of the exact amount Taylor overspent, something that weakened its case.
“The initial charge bore the figure P6,303,365.50 and when the hearing resumed on January 27th, 2022, the figure was adjusted to P6,092,199.94 on the date of the disciplinary hearing. Before this court again the amount was again altered to P4 million. This shows that there was no case against the applicant and her dismissal was substantively unfair,” the judge added.
The court also poked holes in the way the association handled Taylor’s disciplinary hearing. According to Justice Petje, Taylor’s request for crucial documents particularly the investigation report to prepare for her defence at the disciplinary hearing was ignored by the BFA. The court also established that the association violated Clause 24.9.6 of its conditions of service handbook, which stipulates that a human resource manager should be present at every formal inquiry. At the time of Taylor’s dismissal, the BFA did not have a human resource manager and did not delegate anyone to attend the hearing as an alternative. “Once the employer puts regulations in place, it is bound by such and cannot turn around and claim that the regulation was not followed because there was no one working in the prescribed post. The BFA simple failed to follow this and this renders the procedure faulty and unfair.” “Again when the applicant raised complaints regarding the hearing, instead of the panel furnishing the responses, they referred the issue to the BFA president who was not part of the panel or witnesses,” the judge added.
However, Taylor’s demands for reinstatement were shot down by the court. The court ruled that Taylor cannot be reinstated because of her sour relationship with the BFA National Executive Committee (NEC). She was also not granted her wish to be paid the remainder of the contract with the panel settling for six-month salary compensation. “I am certain that the relationship between the parties would not enhance the objectives,” Petje highlighted. BFA CEO Mfolo Mfolo told Mmegi Sport yesterday that the association is assessing the judgement and will decide whether to appeal or not. Taylor represented herself in the case.