Former BNYC employee appeal case postponed

Goitsemodimo Kaelo | Friday January 27, 2017 16:48

 

The council has taken the matter to the CoA after numerous attempts at the High Court to secure their assets from being attached including trying to stay the execution of judgement pending a recession application. The council, in their documents before the CoA, wants to challenge the High Court judgement, which among others gave the ex-employee liberty to execute the default judgement granted on June 24, 2015.

The postponement yesterday followed an application moved by Chube’s attorney Ofentse Khumomotse.

Khumomotse submitted that his application to have the case moved was because there was no settlement of the record and that the applicant in the matter has not paid the security for cost in the manner ordered by the court. He said her client is not accepting the P30,000 as bond security. 

“I also want to state that my client seeks a postponement as she intends to engage an Advocate to represent her in the appeal. For purposes of dealing with the appeal, we ask the matter to be stood down,” he said.

Attorney Joseph Akoonyatse opposed the postponement. He said while they were ordered to pay P30,000 in cash, they had indicated that they will be able to pay by way of bond. He said the court should make a determination on whether the applicant (BNYC) in the substantive matter, is entitled to the interest accrued overtime from the money paid to the respondent in the event it wins the appeal.

However, Justice Ian Kirby said the court could not deal with matter. In his order, Kirby said the appeal is postponed to the April session and ordered the parties to appear before the Registrar within 14 days of the order for settlement of the record.

The war between BNYC and its former social unit manager Chube was a legal suit instituted by Chube against the council on May 15, 2015. She was challenging unlawful termination of her employment.

She was hired as the social unit manager on a three-year contract conditioned with a probationary period of six months. Following a retrenchment and restructuring exercise at the council, she was served with a termination letter on September 2012 with promised payment of a month’s salary.

Three years later, following unsuccessful litigation at the Industrial Court, she issued summons against the BNYC claiming P1.1 million for underpayment and damages. Her claim was on allegation that she had successfully completed her six months probation prior to her dismissal, because the employment agreement had been signed prior to the date she started work,” states the documents.