EX-EBL WORKER LOSES DISMISAL MATTER

MBABANE - The Industrial Court has dismissed an application filed by a former employee of the Eswatini Beverages Limited, formerly known as Swaziland Beverages, who had filed a claim for constructive dismissal.

The former employee, Pascal Dlamini, filed a claim for constructive dismissal in which he alleged that the conduct of his former employer, the respondent in the matter, rendered his continued employment intolerable, as a consequence of which he was compelled to resign. In a judgement issued by Industrial Court Judge, Abande Dlamini, it was stated that at the close of the case for the applicant, the respondent’s counsel applied for absolution from the instance, his contention being that the claim of constructive dismissal brought to the court by the applicant be dismissed because he had failed to make out a prima facie case.

Giving a brief summary of the case of the applicant in evidence, the judge said the applicant testified that he was first employed by the respondent in January 2001, initially as a sales representative, and worked continuously until the end of March 2011 when he resigned from his position. At the time of his resignation, according to the court papers, he held the position of regional sales supervisor, responsible for nine sales representatives who reported to him.   

Circumstances

Testifying on the circumstances that led to him resigning from his position, the judge said the applicant informed the court that in November 2008, a consultant was engaged to look into reviewing and restructuring of the sales department after which he was to make recommendations to management. The reviewing and restructuring process, the court papers state, resulted in two sales representatives being promoted to the position of key accounts manager and key accounts representative respectively and this was in January 2009. The applicant is said to have testified that the consultant, however, could not continue with the review and restructuring exercise because he then encountered problems with his work permit around February 2009, which compelled him to leave the country. When the consultant left though, there were now two new positions of sales managers – one for alcoholic beverages and the other for soft drinks.

Post your comment

Your name:

Your e-mail address:

Add your comments:

Please enter the code you see in the image:

Image:

Code: