Former BOPEU deputy secretary loses case

Former deputy secretary-general of the Botswana Public Employees Union (BOPEU), Zibani Philemon has lost a case in which he had taken his former employer to court for unfair dismissal.

Philemon, who is also a former BOPEU National Executive Committee (NEC) member, wanted the court to order BOPEU to reinstate him as the deputy secretary-general and also to be paid 49 months’ salary as compensation. He was then getting a monthly salary of P44,255.29.

However, his employment contract according to court papers had run only for 11 months and was left with 49 months when he was kicked out of office by a team under the BOPEU president, Masego Mogwera’s orders. Philemon contends that his former employer had chosen to trample on his rights by unlawfully and unfairly terminating his contract.

On the other hand, the employer contends that Philemon participated in the illegal installation of Olefile Monakwe in the presidency of BOPEU, who in turn signed his employment contract.

According to court documents, Philemon soiled his hands by orchestrating a palace coup and having the usurper sign his employment contract. “...Equity looks at the intent, and not the form of the signing of the employment contract through a palace coup. That is the intent that the court must concern itself with.

When applying these principles of equity, the employment contract is rendered null and void,” the court paper says. When delivering judgement recently, Industrial Court judge Galesite Baruti said: “The manner through which the employment contract was procured is also a contravention of public policy and public morality. By all accounts whether legal, equitable, or moral, the employment contract is a complete nullity. Should absolution from the instance be granted?

“To address this question a brief statement of the law on absolution is necessary. The applicant’s employment contract is a complete nullity, and it is in fact a misnomer to call it an employment contract because no contract ever existed.

“If the employment contract is null and void, then it is axiomatic that the applicant’s case is so hopeless that it is not even necessary for the respondent to lead any defence. Absolution from the instance is therefore granted and the applicant’s case stands to be dismissed.”

When applying these principles

of equity, the employment contract is rendered null and void,” the court

paper says