Former Furnmart manager wins big in court
Mpho Mokwape | Monday April 27, 2015 17:52
Teisi was fired from Furnmart Company for promising an unhappy client a refund or a better mattress in 2013. Teisi had sued the company and last week, Gaborone High Court ‘s recently appointed Judge Zein Kebonang ruled that Teisi was unlawfully dismissed.
The award represented 21 months wages without any deductions on or before the April 30, 2015 as payment for unlawful dismissal.
The judge ruled that the termination of the contract of employment of Teisi on July 5, 2013 by Furnmart was unlawful and also procedurally unfair.
In his judgement, Justice Kebonang said he found that there were no valid grounds for the plaintiff’s dismissal and that he be compensated appropriately and given a chance to find employment.
“The conduct of the company in withholding the required certificate of service/employment and reference letters was unlawful as the employer is obliged to do under the labour laws,” he said.
Justice Kebonang ruled that the enormity of the punishment was clearly way out of proposition with the ‘offences’ committed saying it induced a sense of shock.
He said one of the plaintiff’s alleged transgressions could be deemed to have been something that was at odds with the interest of the company.
“On the contrary, the company’s reputation and public standing could only be enhanced and reinforced by it being proactive and sensitive to customer complaints and there was no proof that the accused at the time was guilty of any offences,” he said.
Teisi had accused the company for unlawful dismissal, after he was fired for among other allegations, assuring a client of a refund, and for failing to follow the company’s grievances procedure when he complained directly to the Operations Director about the newly renovated Credit Department.
He was also fired for directly complaining to the Managing Director about his commission structure and a disciplinary hearing was held on July 4, 2013.
The hearing found him guilty of all charges laid against him and he was fired.
Justice Kebonang ordered that Furnmart pay the Teisi the sum of P318, 402.00