Africa-Press – Eswatini. It seems daggers are really stacked against Manzini Wanderers as the hub giants have been ordered by the Industrial Court to pay their former head coach Velekhaya Mthethwa E15 000 for arrear salaries and transport costs.
As if that is not enough, the award excludes the E208 000 lawsuit that has been filed by Mthethwa in respect of the alleged breach of his over two-year contract by the club, a matter that is expected to be heard before the Conciliation, Mediation and Arbitration Commission.
After the judgment the applicant will smile all the way to the bank to cash his three-month arrear salary of E15 300.
Explaining further, Mthethwa argued that he received E4 500 as a salary for the month of March and a transport claim instead of the stipulated E9 000 monthly salary. He further argued that he received E7 200 instead of E9 000 in April and that he did not receive any payment in June.
The Industrial Court Judge Lungile Msimango issued that Mthethwa had absolutely no reason not to be paid the E15 300 he claimed. The judge further said the funds should be paid by Manzini Wanderers, which was the respondent in the matter, within 14 days.
In his prayers, Mthethwa sought the order for the team to pay him the arrear wages in the three months.
He also sought a declaratory order that the team’s action of premature termination of his fixed contract without alternative payment or compensation for the remainder of 26 months was an unfair labour practice.
Thirdly, he sought the order to be compensated E208 000 in respect of future pay for the remaining 26 months in his contract.
However, Judge Msimango did not grant him the order but directed him to file a separate claim, first reporting a dispute with CMAC for unlawful termination of his contract.
Mthethwa submitted that when he became the team’s head coach he was still serving as per the contract which was prematurely terminated.
He claimed to have improved the team’s performance in the Premier League of Eswatini log standings, from position nine to six last season.
Mthethwa said he was never consulted or offered the right to be heard when the team decided to terminate his services.
Consulted
But instead, Mthethwa said, he got a written response on July 18 that a decision had been made to end his contract, stating that he still had 26 more months in his contract.
He said in the termination of the contract, he was never consulted and was not hauled to a disciplinary hearing and charged for any misconduct. This came after Manzini Wanderers opposed his claims on points of law.
The team said the court did not have jurisdiction to determine the matter.
It also said Mthethwa ought to have obtained a certificate of unresolved dispute first issued by CMAC than to hastily approach the court.
Mthethwa disputed that and said his application was procedural in that he sought the payment of the funds in the months when he was not given his salary in full.
He also reiterated that it was an unfair labour practice not to be paid the salary of the remaining 26 months in his contract.
“The court on numerous occasions has pointed out that once an employer has exercised its prerogative to terminate the services of an employee, the contract of employment comes to an end. It is trite therefore, that the honourable court cannot make a pronouncement on the validity of otherwise of a dismissal, unless and until the peremptory procedures set out in Part VIII of the Industrial Relations Act have been complied with,” Judge Msimango ruled.
The judge said a contract was legally binding, whereby legal redress could be sought if either party broke one of the terms.
Judge Msimango added that Manzini Wanderers were obligated to pay Mthethwa as per the contract. “The court observes that there has been no explanation for the non-payment by the respondent on the papers as they stand and on a balance of probability, the applicant is entitled to this claim,” Judge Msimango revealed.
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