She demands payment for all benefits such as medical, pension, salaries and allowances that staff enjoyed in her absence
Just when it was assumed the long running legal stand-off between Marang Teisi, and her employers Statistics Botswana was over following her reinstatement to work a new stand-off has emerged. She resumed work on 1st March 2019.
This is after the Court of Appeal bench of Judge Monametsi Gaongalelwe, alongside Lord Hamilton and Leatile Dambe had dismissed charges that Statistics Botswana had leveled against her in judgement delivered on the 8th February 2019. The agency was to bear full costs of the case.
Teisi is now demanding that all her dues be paid from the period she was unfairly dismissed from her job in 2016. Another court case resumes on May 15 after Teisi served summons against her employers which are reluctant to pay her all the dues she is demanding.
Reinstated
Statistics Botswana complied with the Court of Appeal order of reinstating Teisi back to her post.
“You are kindly informed that since your dismissal in 2016, the organisation went through a structural re-alignment and your position was one of those whose nomenclature changed from Human Resource Officer-Staff Welfare to Human Resources Business Partner-Operations which you shall assume directly,” reads the reinstatement letter penned to Teisi.
The letter was penned by Dr Burton Mguni – the Statistician General.
Teisi argument
Teisi, who is represented by Moagi Attorneys, argues that she is entitled to all of the benefits such as medical, pension, salaries and other allowances that staff enjoyed during Teisi’s absence.
Teisi’s attorneys dismiss part of the reinstatement letter written by the Statistician General which contends that she Teisi will be registered as a new entrant on all other benefits due to her – that is pension, medical aid and Group Life Assurance and 24 hour Accident cover.
SB not paying
Statistics Botswana argues that Teisi in her submissions to court did not clearly come out or states that she wants all her dues to be paid since she has been dismissed from work.
SB lawyers Thabiso Tafila Attorneys in a letter written to Teisi contend that the matter of unfair dismissal has been concluded before Court of Appeal and as such all reliefs were dealt before Court.
“Note that we shall not be addressing all allegations made in your letter however that same should not be construed as an admission thereof. In the proceedings before Court you did not seek the relief payment as you now demand and most importantly that the court did not make an order for payment to be made,” says SB attorneys.
Thabiso Tafila Attorneys insisted that no payment will be made by Statistics Botswana, arguing that the matter was concluded with no order of payment made.
Dismissal grounds
Teisi was fired in 2016 by the then Statistician General Annah Majelantle following conviction by a disciplinary committee panel on charges of leaking information to third parties.
She was fired for honouring a formal request for information from the then Head of Directorate on Corruption and Economic Crime (DCEC), Rose Seretse.
It was also alleged that the draft that she had prepared was used in Parliament by the former MP of Good Hope – Mabule James Mathokgwane with the leaking of the document resulting in disciplinary charges laid against her.
Following the failure by DCEC to protect her against accusations of leaking information to the third parties, Teisi moved to drag Statistics Botswana to court challenging her dismissal from work.
Charges then
Initially two charges were leveled against Teisi by SB being the “Improper Disclosure of Information in respect of the affairs of Statistics Botswana’’ and ‘Abuse of office by accessing confidential information for private gain’.
Justice Gaongalelwe in the CoA judgment maintained that the Disciplinary Panel found her not guilty on the second charge but guilty in respect of the charge of improper disclosure of information to third parties. It was on the basis of the latter verdict that she Teisi was dismissed from employment.
“Dissatisfied with the findings, recommendation and ultimate dismissal from employment Appellant lodged review proceedings at the High Court. She sought an order setting aside the decision to dismiss her from employment and that she is reinstated,” said Justice Gaongalelwe on the judgement.