11 Sep 2016

The Industrial Court on Friday (September 9) dismissed a case in which Botswana Premier League chief executive officer Bennett Mamelodi is challenging his re-deployment.
Mamelodi was challenging, Botswana Football Association for re-deploying him on August 31, despite the fact that there was a pending case before the same Justice Diratsagae Molomo.
Dutch Leburu, who is representing Mamelodi told the court that Mamelodi received a letter re-deploying him to an unknown position at the BFA.
“This re-deployment my Lord, it is done pending a determination by this Lordship, on an issue that is central to determination by the court precisely between the Premier League and BFA who exercise jurisdiction,” he said.
Leburu further said Mamelodi’s contract was attached to some benefits, and re-deploying him would make him lose some of them given that already there was someone appointed to act on that position. Furthermore, he said Mamelodi’s contract was also attached to reaching targets adding he was wondering how he was going to attain the laid targets outside his office.
However, BFA attorney, Otto Itumeleng told the court that Mamelodi’s re-deployment was only temporary and the reasons had been advanced.
He said before the re-deployment, there was a prior consultation with Mamelodi, adding that his contention was that he did not agree.
Itumeleng said the result of consultation could be implemented even if the person does not agree, adding consultation was not meant to derive a consensus between the two parties.
Further, he said the employer was entitled to re-deploying any of its employees, “it is the discretion of an employer to re-deploy, provided there was consultation. It doesn’t really matter if there is no re-deployment in the employee’s condition of service,” he said. ENDS