Judgement on Limkokwing retrenchments reserved

NELSON DIRENG
Correspondent | Thursday July 29, 2010 00:00

Judgement of the case has been reserved to an unspecified date.

TAWU attorney, Sipho Ziga of Armstrongs has told the court that 15 Limkokwing staff members on fixed-term contracts were told last month that their contracts ending July 31 would not be renewed as the school is expecting a decline in student enrolment for the 2010 academic year.

In his argument he states that according to the law in certain African states including Botswana, Limkokwing's case is founded on unfair dismissal. He said that the applicants had reason to believe that their contracts would be renewed.

'Limkokwing should have told the applicants from the beginning that their contracts would not be renewed so that they could find other work alternatives,' said Ziga.

In defence Limkokwing attorney, Carlos Salbany said the contracts between Limkokwing and its staff clearly state that the employer (Limkokwing) has the right to terminate the employees contract at any given time.

He said that the agreement states that Limkokwing can terminate a staff member's contract before the contract due date, but only on the basis that Limkokwing pays for the balance of the time stated in the contract.  He further argues that with 400 students enrolled, Limkokwing could not keep the same number of staff, as they would be in excess causing a loss of revenue for the university.

The employees contracts have however been terminated and they (employees) have been remunerated their balance up to July 31, he said.

'They have also been given an option of either leaving with immediate effect or continuing with their duties until they complete their days as stipulated by the contract,' said Salbany.

Salbany said that if things had been different Limkokwing would undoubtedly have renewed the employees' contracts. 'We can't terminate their contracts just because they are ending, but we are simply saying that there is going to be a reduction in work which is a proven claim,' he said.

He said that Limkokwing would allow the retrenched staff re-application opportunities in the future if things turn out different.