07 Nov 2021

 Court of Appeal has overturned a High Court judgment that awarded P1.7 million to former permanent secretary in the Ministry of Agriculture and Food Security Dr Micus Chimbombi for unfair dismissal.

The state had appealed against a 2019 Lobatse High Court judgment, which ruled in favour of Dr Chimbombi and awarded him P1.7 million as compensation, which covered the remaining period of his tenure of employment contract.

In its judgment on Friday, Court of Appeal pointed that Dr Chimbombi failed to prove that there was an agreement with government that he would be paid for the balance of his contract.

The court noted that Dr Chimbombi in the supposed agreement with the government, proposed that he be paid for the balance of his contract, or an amount of separation that would be considered as reasonable.

The Court of Appeal  said the statement, pertaining to an amount of separation that would be considered as reasonable was vague to the extent of making no sense.

Regarding the issue of undue influence, which the respondent had argued about, Court of Appeal said evidence before court showed that the respondent opted for termination on account of believing that he would be paid salaries for the balance of his contract not on account of undue influence.

The court disagreed with the respondent’s contention that he left immediately because the then permanent secretary to the president, Mr Carter Morupisi and the then President Lt Gen. Dr Seretse Khama Ian Khama wanted him to leave immediately, hence he was influenced to resign immediately.

During the time of his resignation, Dr Chimbombi was employed on a three-year contract commencing from May 1, 2015 and expected to run until April 2018.

According to court records, on September 29, 2015, when the contract had been in its fifth month, he was informed by Mr Morupisi that the parties were to reach a mutual agreement of separation, which would have the effect of terminating the employment relationship.

He then resigned from the public service on October 6, 2015, after receiving a letter that informed him that the then President Khama had agreed to have his contract of employment terminated.

According to contents of the letter presented in court, termination was subject to terms and conditions of employment as stated in Dr Chimbombi’s letter of appointment.

Court records state that the respondent had been paid three months salary in lieu of notice, as per his contract. 

The case was before Judge President of the Court of Appeal, Justice Ian Kirby, Justice Monametsi Gaongalelwe and Justice Mercy Garekwe. ENDS