BOLELE/BOCONGO legal battle goes to court of appeal

ISAIAH MOREWAGAE
Staff Writer | Monday January 14, 2013 00:00

 

 High Court Judge Michael Leburu in 2011 cast a dark cloud over Bolele's bid to sue BOCONGO after he ruled that her employment contract was procedurally and lawfully terminated.Bolele has been fighting tooth and nail with BOCONGO over the termination of her contract barely two months into the job as the executive secretary for the NGO. Justice Leburu said the application by Bolele was non justifiable as the employment contract was procedurally and lawfully terminated.'The said contract was terminated in terms of the contract of employment. The offer letter, whose terms formed part of the contract and whose terms were accepted by Bolele, contained a six months probationary period,' Leburu said. He further found that the contract also contained a termination clause, which entitled either party to terminate the contract by giving a month's notice or payment of one month's salary in lieu thereof.

Leburu stressed that Bolele was paid one-month salary in lieu of notice as envisaged in the contract.'The decision to terminate the contract is further reflected in the minutes of the executive committee of BOCONGO, which passed a resolution to terminate Bolele's contract pursuant to powers vested in the said committee per article 9.7.9 of the Constitution,' Leburu said.He dismissed as unfounded allegations raised by Bolele to the effect that BOCONGO acted in bad faith when it terminated her contract. 'The allegation of bad faith on the part of BOCONGO is so bald and unfounded to the extent that it does not warrant any further consideration,' Leburu said.

In 2010, Bolele approached the court seeking P905, 863.65 from BOCONGO, which was not willing to reinstate her to the position of executive secretary.Bolele wanted the court to declare her termination of employment wrongful and unlawful. The matter arose after BOCONGO's chairperson, Pastor Biggie Butale, relieved Bolele of her duties barely two months into her three-year contract.Bolele argued that Butale made a unilateral decision to dismiss her and there were no board minutes to confirm her dismissal. She alleged that the chairperson wrote the dismissal letter before obtaining a resolution from the board. A panel of three judges will hear the case tomorrow.