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Sacked employee gets his benefits

PAY DAY: Fourie with his lawyers, Onalethata Kambai (left) and Laurine Bonner

The Court of Appeal has ruled in favour of a man who was retrenched by his employer in 2018, and ordered that he should be paid what is due to him.

The Industrial Court had ruled that Jacobus Fourie was entitled to Severance Pay and Retrenchment Pay as compensation for termination of his job.

However, Concor Botswana argued that he was entitled to only severance pay and not retrenchment pay..

The Industrial Court also ruled that his termination was substantively fair, but the consultative process was inadequate, unreasonable and unfair, hence his retrenchment was procedurally unfair.
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