Lekopanye Mooketsi
9 January 2009
Lobatse High Court Judge, Steven Gaongalelwe, ruled early this week that the Young Women's Christian Association (YWCA) should pay former executive director, Phumela Vanqa, in line with the Government White Paper of 8 March 1995.
Vanqa, at the YWCA from 1984 to 2002, had instituted action against the NGO claiming sums of money under different heads.
In her claim A, her contention was that she should be paid P108, 264 for her work between 1995 and 2001.
In Claim B for the period April 2001 to March 2002 she wanted P31,244. Claim C is similar to Claim B except that it related to the period April 2002 to November 2002 when YWCA terminated her services. The amount is computed as P25,256.
Claim D relates to payment in lieu of accrued leave and gratuity, which adds up to a total of P26,899.
Claim E, is in regard to unlawful termination of her employment as the High Court had earlier ruled. She is claiming P58,806 as damages for her unlawful dismissal from employment. The court ordered that Vanqa should be paid all the money that she claimed.
Lawyers for YWCA had submitted that that the enhancement of Vanqa's salary like the one which pegged the salary structure to those of government, were not binding as the personnel committee had no powers to take such a decision. The defence contended that only the YWCA executive committee had powers to decide on salary scales.
Judge Gaongalelwe reiterated that Vanqa has testified that the personnel committee was empowered and responsible for all decisions pertaining to staff welfare, conditions of employment and salary scales.
Gaborone law firm, Busang Sebonego & Co, represented Vanqa while Modimo and Associates stood for the YWCA.
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