Former Debswana Engineer challenges dismissal in high-stakes Industrial Court battle
A former female engineer at Orapa, Letlhakane, Damtshaa Mines, Kelebogile Moesi, has brought a case against Debswana Mining Company to the Gaborone Industrial Court, challenging her dismissal in July 2017.
She is demanding reinstatement and three years’ worth of salary.
The long-standing case progressed after Senior Engineering Manager, Lefoko Lecco Sethoko, testified this week.
He said Moesi was dismissed in July 2017 after numerous attempts to rehabilitate her from habitual absenteeism and late coming, which affected her productivity and that of her teammates for many years.
However, Moesi contended that her relationship with her boss was never an easy one, and that things fell apart in 2014 when he handled her buttocks during one of the assignments in the company.
She told the court that Sethoko never treated her well, verbally abused her and ridiculed her in front of her peers and made uncomfortable sexual remarks about her looks.
Sethoko denied the allegations saying he had shielded Moesi on several occasions, something that nearly cost him his job. “If ever there is a person that I protected in our section, it is her. I shielded her and even my supervisors were not happy,” he said.
He said at some point in 2016 Moesi sent him photographs of some blood-stained underwear, which was the turning point in their relationship.
The last blow was in January 2017, when Moesi requested leave from work for one day in order to lay flowers at her mother’s grave in Tonota.
However, two days later she sent a text message and called to inform Sethoko of her wish to extend her leave by an additional day.
She did not show up for work for four consecutive days, prompting the boss to write a warning letter.
After several postponements of the disciplinary hearing, which Sethoko attributed to Moesi’s constant absenteeism and sick leave, a hearing was conducted on July 5th, which resolved to dismiss her in her absence.
However, Moesi’s Attorney Njiramanda Mbewe said her client was victimized and subjected to sexual harassment by Sethoko.
Meanwhile, a Sexual Harassment Investigation was conducted in May 2017 by Keletso Masire, a chief investigator based in Jwaneng Mine, about the 2014 incident where Sethoko allegedly handled Moesi’s buttocks.
Masire found no evidence to support the claim and dismissed it.
Mbewe was not impressed saying the investigation flouted the Debswana Policy on Sexual Harassment and did not follow laid down procedures.
She demanded answers as to why the investigation was conducted by an in-house person when the policy prescribed an independent person.
She also demanded the investigation report and the minutes of previous engagements with Moesi, but she did not receive them. “Where are the minutes of the engagements with the Applicant, where is the investigation report? You have made all sorts of comments and accusations, but you have not provided any evidence,” she said.
Mbewe added that Moesi was suffering from a medical condition that required the attention and protection of the mine authorities, but Sethoko concealed information from them, ridiculed and made fun of her in the presence of others, as he was obsessed with dismissing her.
He added that the sexual harassment complaint was only raised in May 2017, at a time when disciplinary hearing was at an advanced stage, calling it a fabrication.
On the other hand, Mbewe accused Sethoko and two others Disang Mongatane and Makosha of flouting the Disciplinary Hearing Policy since they were more concerned about dismissing Moesi than dispensing justice.
She said the trio had punished Moesi twice for one offence, and they did that in the absence of a Human Resources official.
He responded that Moesi had numerous offences and an active Final Written Warning hence she was dismissed.
Mbewe also wondered why less attention was given to Moesi’s numerous grievances against Sethoko, only for him to institute disciplinary proceedings, and ultimately dismissing her.
She insisted that the proceedings were illegal, did not follow laid down procedure in the Debswana Disciplinary Policy and therefore not valid.
The company was expected to call three more witnesses as the case continued on Thursday.
Debswana is represented by Moemedi Tafa whilst Judge Gaedupe Makgato is presiding alongside an assessor.
