09/08/2023
The Court of Appeal was a happy place to be on Friday. 💯🥇😃 We are talking about the highest Court of the Land.
Against all odds, on a case spanning five years, we successfully represented a Client in being awarded what is due to their - the balance of their contract as damages for unlawful termination of their fixed term contract of employment. Best believe it !! Phuthego or no Phuthego !! 🙌🏾🙌🏾
Throughout we had to figure out how we were going to go around the Phuthego case. That was the question. How does such a great injustice get remedied with only a sum equivalent to your notice period ..? How do you, as an employer, unceremoniously and unlawfully terminate one’s employment and comfortably sign off on a miserable, measly 3 month cheque and get on with your business, while you have unjustly disrupted the life of that employee, their children and all those that depend on them ?
Well, it was a long road, with great support along the way, with Client in the fore. If anybody knows my Client, they know what I am talking about. Unrelenting, on some, Tshepiso, if you mention Phuthego one more time, etc etc 😂🤣 Counsel on the opposing side. Thanks for giving me the nerves for all those years. I was told a lot of things, mostly that I will be taught to respect Snr. Counsel. 😆😂 You know I have massive respect for you my friend. 🙏🏽 My colleagues, most of who told us we were losing, with a few who encouraged us to soldier on. We appreciate your counsel, always, whether we agree or we disagree. Helps one see their blind spots. And, family and friends go without a mention. They see the sleepless nights live in action.
When it’s all said and done, the sanctity of employment has been restored, or in the least, there is hope.