Ex-UNIGEM employees demand P3.5m
Goitsemodimo Kaelo | Friday October 16, 2020 16:41
The 15 ex-employees are jointly demanding P3, 498, 485.25 plus interest at the rate of 10% from UNIGEM. The sum includes part of the plaintiffs’ outstanding monthly salaries which the employer had failed to pay in full as well as terminal benefits, being gratuities and leave days.
UNIGEM is a commercial entity jointly owned by five BOFEPUSU affiliates namely, Manual Workers, Botswana Teachers Union, Botswana Sectors of Educators Teachers Union and Botswana Land Boards & Local Authorities and Health Workers Union.
According to court papers, the cause of action is a recovery of an alleged debt based on employment contracts entered into between the ex-employees and their former employer, who they say is jointly liable with the five trade unions in their capacity as shareholders of UNIGEM.
The ex-employees say they entered into fixed terms of contracts of employments on various dates between 2015 and 2017. The said contracts were extended from time to time upon their expiry. The ex-employees argue through their attorney, Lore Morapedi, that the ex-employer breached the contracts of employment by failing to pay them their salaries in full every month and their terminal benefits at the end of their contracts. They also argue that upon conclusion of the contracts, they were entitled to a gratuity calculated at 25% of the total emoluments earned during the period of the contract.“The plaintiffs complied with their contracts of employment as they offered their services in terms of their respective contracts to the 1st defendant. The 1st defendant has breached the contracts of employment with the plaintiffs by failure to pay plaintiffs their salaries in full every month and failure to pay terminal benefits,” argued Morapedi in the court papers.
The former employees further expressed displeasure at the alleged conduct of the five unions, saying they ought to be “ashamed” describing the conduct as “legally and morally objectionable”.
According to them, the five unions as shareholders of the company are said to be responsible for the managing and supervising the management of the business and its affairs.
“The 2nd to the 5th defendants are workers unions. They portray themselves as champions of workers’ rights. It is hypocritical of them, and furthermore legally and morally objectionable that the said defendants, who go around portraying themselves, as champions of workers’ rights would, without any lawful basis, refuse to pay me and the other plaintiffs our dues,” reads an affidavit deposed by one Raymond Tsheko.
Tsheko says it is in fact an offence in terms of the Employment Act not to pay employees their remuneration and benefits.
The matter is set to continue on April 16, 2021 before Gaborone High Court Justice Chris Gabanagae.