The Botswana Football Association (BFA) last week lost a dismissal case lodged by former chief executive officer (CEO), Goabaone Taylor.
The industrial court Judge, Annah Petje in determining the case found that the BFA was hostile to Taylor and if reinstated the objectives of the BFA will not be realised.
“Having found that the dismissal of the applicant was both procedurally and substantively unfair, we also find that it was unlawful,” observed justice Petje.
The BFA leadership is yet to decide on whether or not to appeal Taylor’s case of unfair dismissal. Taylor was dismissed on allegations of unlawful expenditure contrary to article 8.1(x) of the FIFA Forward Regulations 2.0 and clause 2.1 of the Contract of Agreed Objectives.
“The court is of the view that the respondent is not even aware of the exact amount that was overspent in that, the initial charge bore the figure P6, 303,365.50 and when the hearing resumed on the 27 January 2022, the figure was adjusted to P6, 092,199.94. On that date the disciplinary panel asked for an itemised breakdown of the amount and this was not done. Before this court, the amount was again altered to P4 million,” read the court order.
BFA’s head of secretariat, Mfolo Edwin Mfolo when approached for comment said: “We cannot comment on the matter. We are still reviewing the judgment,” he said.
Asked if they will appeal the case or not he said: “We are still reviewing the judgment. The way forward can be determined after full scrutiny of the ruling.”
Contacted to comment on the outcome of the judgment, Taylor said: “I am happy with the outcome of the case. It shows that there has been always malice and the court has confirmed that. It saw nothing or no wrong doing by me,” Taylor remarked.
“The termination of the contract of employment by the respondent was an unlawful dismissal. The respondent is directed to pay the applicant compensation in the sum of P330, 000.00 and it shall be paid directly to the applicant on or before the 28th March,” read the court order.
According to the verdict, BFA violated Taylor’s rights as her requests for the employer to provide further particulars were ignored. This is clearly shown in the respondent’s failure to honour the request by the disciplinary panel that she be given the investigation report as well as the breakdown of the amount allegedly overspent. Also, the respondent violated clause 24.9.6 of their Conditions of Service Handbook that reads: “Human Resources Manager or his delegate to be present at every formal inquiry…”
Taylor has been consistent during her suspension and dismissal that she did nothing wrong and BFA is creating stories to tarnish her name. The BFA has 23 days left to pay Taylor.