Ex-rugby employee loses unfair dismissal case
Calistus Kolantsho | Wednesday June 21, 2017 17:00
Industrial Court judge, Harold Ruhukya, in his judgement, dismissed the case this week and ordered BRU to pay Basitang P2,363.66 in respect of the balance of leave days owed to him. Ruhukya said the letter of termination was acceptable. He said Basitang could not succeed in claiming compensation for unfair dismissal.
“There was nothing unfair about what happened,” Ruhukya said. In his argument, Basitang had informed the court that he was nominated to contest for an executive committee position in the BRU, while at the same time already holding the position of development manager.
When his decision to contest became public, BRU president together with the treasurer, approached Basitang to remind him that given that he was already a BRU employee, he could not be in the executive committee. The Judge noted that Basitang was told that he had to choose either to remain as an employee or terminate his contract of employment and contest for a position in the executive committee.
“In his reply, Basitang decided to take both positions,” the judgement reads. As that was the case, Basitang’s contract was terminated by the president. Basitang contested the dismissal and held the view that it was unfair as he had done nothing wrong. He denied that contesting for a position in the committee while still an employee of the BRU, did not create a potential conflict of interest.
He demanded that he be compensated an amount equivalent to six months salary. It was brought to Basitang’s attention that should he become the secretary general, there would be conflict of interest in that the secretary general serves as the chief executive officer of BRU and that every employee is answerable to the secretary general.
Ruhukya said in his judgement that he was satisfied that Basitang’s contract had to be terminated given the clear choice he had made. “By categorically stating in his email of February 19, 2014 that he chose to occupy both offices and that the work load after elections would be the determining factor as to serve in both offices the applicant had created a situation which was untenable,” the judge said.
Meanwhile, Basitang told Mmegi Sport yesterday that he was not happy with the judgement. He said he was still waiting to receive a copy of the judgement from the court, before he launches an appeal. For his part, BRU secretary general, Ernest Mantsi said the matter should be a learning curve for both the union and employees.
He said when an employee has an interest in contesting for elections, they should follow protocol. “Some issues can be resolved inhouse without involving the courts. We have conflict resolution bodies in place within our organisation,” he said.