Employee Wins Suit Against Ministry

Goitsemodimo Kaelo | Monday February 19, 2018 16:05

 

Reason Lekutlane, who was appointed as acting project manager at the ministry from April 1, 2011, had taken the Attorney General as legal representation of the ministry to court seeking the following prayers:

That it be declared that the functions that he performed from the May 3, 2011 to date are functions of a Project Manager at E2 scale;

That he was by operation of General Order 14.9 appointed to the E2 position of Project Manager at E2 scale;

Consequently that he is entitled to benefits commensurate with this position from May 4 henceforth; That he be paid the sum of P776,825.10 representing the benefits that could have been paid to him had he been confirmed on that position from May 4, 2012.

This week Gaborone High Court judge, Justice Zein Kebonang held that the ministry was wrong not to pay Lekutlane his dues for the position of project manager after he held the position for over 12 months.

Kebonang said that he found merit in Lekutlane’s action and held that as at the end of his acting appointment in 2012, he must have and should have been deemed to have been substantively appointed to the position of project manager.

He awarded the plaintiff the relieves he was seeking and ordered the ministry to compensate him from the period of March 1, 2012 as it is the period that the plaintiff is deemed to have been substantively appointed to the position of project manager after acting for more than 12 months.

However, Kebonang said the amount of damages demanded by the plaintiff were difficult to ascertain, as such ordered that it be subject for determination by the Registrar.

He said that clause 14.9 of the Public Service General Orders clearly states that any acting appointment in the case of qualified officers should not exceed 12 months but if that did, such officer shall be deemed to have been appointed on a substantive basis unless his/her acting appointment had been formally terminated.

Kebonang said he disagreed with the defendant that the plaintiff did not qualify to be appointed to the position at E2 salary scale as they had failed to provide what specific requirements for appointment to the position of project manager were in terms of qualifications and experience.

He said the fact that the defendant has conceded that the plaintiff acted for a period exceeding 12 months and that he was appointed to the position of project manager on a substantive basis in February 2017 means he was qualified for appointment.

“The plaintiff would be entitled to benefits attached to the position. As a consequence, it follows nonetheless that the plaintiff must be compensated from the period of March 1, 2012, as that is the period he is deemed to have been substantively appointed. On the issue of costs, these must necessarily follow the event. The defendant is ordered to pay the plaintiff’s costs on a party to party scale,” said Kebonang.

Uyapo Ndadi represented Lekutlane in the matter.