Richardson, Gabz FM tussle over �unfair dismissal�
Lebogang Mosikare | Friday July 21, 2017 15:44
Richardson through his attorney, Kennedy Piet submitted that he was fired un-procedurally because no disciplinary hearing was held before a decision to fire him was taken. Richardson said he was earning P15 000 per month when he was fired by the respondent in November 2016 and was left with 37 months to complete the five- year contract with the radio station.
He said he was surprised that he was fired yet to date no charges of misconduct were laid against him. Richardson said subsequent to being fired from work, he received a notice to appear for a disciplinary hearing in the afternoon but the hearing never materialised because he was not served with some documents that led him to his suspension.
He earlier on said that in the morning of November 18, 2016, he represented his producer whom he was suspended with at a disciplinary hearing but the hearing was aborted prematurely because she was not served with audio and other documentation that were the subject of their suspension.
“My hearing was scheduled for the afternoon of that day but it did not take place because I also wanted to be given documentation that my producer demanded in the morning but was not furnished with them. My supervisor had earlier told me that my hearing would not take place since I complained of not getting documentation that my producer also earlier required,” Richardson said.
Richardson added that his supervisor told him that he will inform the chairperson of the hearing not to come for the hearing because of issues that he and his producer raised. “My supervisor then told me that he will communicate with me when another hearing will be set in a week’s time… The same day I received an email message from the station manager to the effect that I was indefinitely suspended again.
On November 22, 2016, my producer told me that we were asked to go to the station to get some letters. She said no explanation was given what the letters contained,” Richardson said. He said that on or about November 24 or 25 in 2016, they went to the station to get their letters but they were told that their letters had been forwarded to Bayford and Associates who were their attorneys by then.
“…Our attorney told us the letters were talking about termination of our employment contracts… I want to be paid salary for 37 months left on my contract and my accrued leave days,” Richardson said. However Justice Galesitse Baruti told him that the issue of accrued leave days was not part of his application and therefore he can bring it to the attention of the labour officers anytime in future if he so wishes, before bringing it to court.
Richardson said since Gabz FM fired him, he is finding it impossible to get another job with another radio station in Botswana because local radio stations fear not getting adverts if they hired him. He said the breakfast show that he hosted rubbed some people the wrong way especially influential politicians from the ruling Botswana Democratic Party (BDP) who wield too much power in Botswana and are in control of the economy and government.
The respondent attorney Tendai Mandikate told the court that he will not be calling any witnesses. Mandikate submitted that he will rely on his statement of defence, attachments and final submissions to argue his case.
He said contrary to what Richardson said in his evidence in chief, he should blame himself if third parties come to know why he was fired because he was given documentation that clearly stipulated that it was private and confidential. When being re-examined by Piet, Richardson said he never broke the confidentiality clause. Judgement in the matter will be delivered on October 6.