07/08/2023
The Court of Appeal was a happy place to be on Friday. π―π₯π 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 !! ππΎππΎ
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 oneβs 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 ππ€£ 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. ππ You know I have massive respect for you my friend. ππ½ 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 itβs all said and done, the sanctity of employment has been restored, or in the least, there is hope.