David�s former employee challenges his dismissal
Goitsemodimo Kaelo | Friday December 8, 2017 18:41
Tau was fired from office at Davids’ Mochudi East constituency office in December 2016. He had been in the position since December 2014, until clerk of the National Assembly Barbara Dithapo dismissed him when his relationship with Davids had allegedly broken down irreparably. The matter underwent labour processes before the arbitrator ruled in favour of the dismissed Tau and awarded him P580,000 as compensation for unfair dismissal.
In the matter before acting High Court Judge, Justice BoipusoTshweneyagae, Tau wants the Attorney General in her capacity as the representative of Dithapo, to show cause why the decision to dismiss him from the public service should not be dismissed and set aside. He says the decision to fire him is tainted with illegality and or unlawfulness and unfairness. He also argues that the decision to dismiss him is tainted with procedural impropriety and it was unfeasible, as such the court should nullify it.
Tau, through his attorney OthusitseMbeha argues that the clerk failed to point out the reasons, which rendered the relationship between him and Davids irreparably broken down. He indicates that when making her decision to fire him, Dithapo also failed to state who was the cause for the irreparability, between the applicant (Tau) and Davids, in this regard failing to fully apply her mind as a functionary as obliged by law.
He further says the clerk reached an adverse conclusion and took subversive decision against him without any sound basis for that.
“In view of this, no reasonable person would have reached a similar conclusion and took the decision that she did if placed in the very homogenous circumstances of this case,” he argues.
The matter was yesterday set for arguments. However, it was postponed after Justice Tshweneyagae said she is unable to hear the matter because her contract is set to expire soon.
Justice Tshweneyagae said her contract is set to expire on December 31, so she would not be able to prepare the judgement on time. She ordered the parties to return to court on April 23, 2018, when the matter would be on roll call before Justice Key Dingake.
Meanwhile, the Industrial Court will on December 19, hand down judgement relating to the Arbitrator’s decision to award Tau P580,000.