Prasa has won an appeal against a previous Labour Court ruling which ordered the reinstatement of "whistleblower” Martha Ngoye and two other executives. The court said while the termination of her contract and those of two other executives was unlawful, the order of reinstatement should not have been made by the Labour Court.
The Labour Appeal Court has ruled while Prasa terminated the contracts of head of legal Ngoye, chief operating officer Nosinakthi Khena, and general manager for strategy Tiro Holele unlawfully and without good or proper cause, the court ought not to have ordered their reinstatement with back pay. The three challenged the decision in the Labour Court, which ruled in their favour, and ordered their reinstatement with back pay.Judge President Basheer Waglay said the relief the axed employees sought in the lower court was expressly"specific performance" in terms of the Basic Conditions of Employment Act.
"In the absence of any challenge to the facts and allegations set out and made by the respondents , the court must accept them as correct."The grounds for the termination are without merit and there can be no dispute that the termination was unlawful," he added. He added for specific performance, the court had to exercise judicial discretion which was"fraught with difficulties", because employment contracts were not commercial transactions but personal contracts.
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