BR veteran loses appeal against dismissal

Mpho Mokwape | Tuesday August 2, 2016 15:48

 

Motshereganyi Timothy, who was employed by BR from 1987 until his dismissal in 2005 following a disciplinary hearing, had sought to be reinstated or be awarded an increase in his exit package as he claimed that he been dismissed unfairly.

Last week the CoA bench dealt Timothy a heavy blow when it dismissed his appeal on the grounds that reinstatement was out of the question as evidence had shown that the relationship between the parties had irrevocably broken down.

Justice Alistair Abernethy explained that the circumstances were sufficient to show that the relationship between the two parties was no longer conducive to working together again.

“I do not think it would be appropriate for the court in the exercise of its discretion to order reinstatement in the matter,” he said.

Abernethy said since Timothy was 56-years-old now having been dismissed 11 years ago, there was no doubt that a lot had happened at the organisation, particularly since it was large. He said it was not realistic to think that there had not been material changes in the way BR has operated over that time.

“In particular it is not realistic to think that the former employee’s job has remained vacant and not been filled or otherwise managed since his dismissal and that he could simply return to his old position,” he said.

On the compensation, Abernethy said this was the discretion of the trial court and therefore there was no need to interfere with it unless necessary.

Timothy, who was employed by BR as an artisan, was mandated among other duties, to examine trains, which included locomotives and its wagons, before they embarked on journeys.

He was also required to effect any necessary repairs if the train needed such and thereafter issue a railworthiness certificate or announce that it was not fit for duty.

According to the BR on September 5, 2004 he examined a train, which had 34 wagons and then issued a certificate signifying that it was fit to undertake a journey from Francistown to the south.

The train was later reported to have derailed at Phala Road and he was brought before a disciplinary hearing and charged with causing the derailment through gross negligence.

He later appealed internally within the organisation and was not successful, leading to a court case at the Industrial Court where he was also dismissed.