The outspoken and sometimes controversial Daniel ‘Chicco’ Nare and his former club Orapa United seem to be headed for a collision course over the former’s ‘unlawful termination and dismissal’ from work. Nare, who had a two year contract with Orapa, parted ways with the club last month (March) after serving only five months of his two year contract with the club.
While the club alluded that they and Nare parted ways amicably, indications are that the ‘divorce’ between the gaffer and the team was nothing but acrimonious.
Following the dismissal, Nare has since, through his legal representatives, Ookeditse Maphakwane of Maphakwane and partners, written a demand letter to Orapa United seeking payment over his ‘unlawful determination and dismissal as Orapa United Football Club Coach.’
In the letter, Nare demands ‘payment of the balance of contract of 15 months in the calculated amount of P225, 000.00 as he had been rendered incapable of completing his contract service.’
Nare also demands ‘to be paid termination notice of a month’s salary for the end of March when he parted ways with the club, as well as a 7% bonus percentage payment of the silver Mascom Top 8 medal. In total, Nare, through his lawyers, says he is entitled to P335 000 as his severance benefits.
In the letter, which is dated 4 April, Nare’s legal team made it known they will institute proceedings for constructive dismissal against Orapa United should the latter fail to pay.
Nare’s demands however seem to have not gone well with the Orapa United executive who have since, through attorney Kgosietsile Ngakaagae of Ngakaagae and Company, made it clear that they will ‘fervently oppose any possible litigation’ by Nare.
Responding to a letter of demand from Nare’s legal team, Orapa United, through Ngakaagae, dismissed the claim as ‘the alleged contract of employment was not concluded’ and ‘the parties had not yet signed the substantive written agreement.’
“The parties had agreed orally on monthly salary. Orapa denies any other liability arising from the alleged contract,” so reads the letter of response.
Orapa United is also resolute that the disciplinary proceedings against Nare, which culminated with the two parting ways, ‘were substantively and procedurally fair.’
Nare, who was assisting head coach, Bongani Mafu was subjected to disciplinary hearing after the Mascom top 8 final in which Township Rollers beat Orapa 3 ÔÇô 1 to emerge the 2017/2018 Mascom Top 8 champions.
It is alleged that at the hearing, Nare was accused of not addressing his players after the match and also was seen being too friendly with opponents coach at their dressing room after the match.
With Orapa not keen to pay up, Nare has since approached the District Labour office in Gaborone for mediation. The two parties are scheduled to appear for their hearing on 8 May (next month).
Since Orapa denies Nare had a contract with them, his legal team wants to know why ‘he was then called for hearing when he had no contract.’ They argue that the fact that he was subjected to disciplinary hearing shows he had a contract with the team. They also want Orapa to explain why they paid Nare if he was not contracted.’
