Patricia Maganu
7 January 2009
Francistown — Popular Francistown record spinner, DJ Bunz, is taking Kgalagadi Breweries Limited (KBL) to court for unlawful dismissal.
The case has been scheduled for February 26, 2009 before Justice Modiri Letsididi.
In his court papers Peter Malefho Gaetsewe, known professionally as 'DJ Bunz', says he was employed as 'gig operator' and was put on probation, which was to lapse on November 30, 2004.
On December 1, 2004 he was involved in an accident whilst on duty. After the accident, his right arm was amputated.
He was hospitalised for a period of 14 days at Nyangabgwe hospital. The DJ says whilst he was still recuperating he was summarily dismissed from his employment. This was so in spite of intimations that he was to be employed on a permanent basis and his final assessment, by Jojo Mogotsi, was to be done on December 3. Gaetsewe, formerly represented by Mothusi and Company, is now represented by Callender Attorneys.
The plaintiff demands to be paid his lawful compensation in terms of the laws of Botswana as he was injured whilst on duty and in the course and scope of his employment.
In his papers, he enclosed a copy of his medical report in which he was given 60percent incapacity. The papers also state that Gaetsewe was unprocedurally dismissed and as such reserves his right to institute action to claim for unlawful dismissal.
"Our client had the legitimate expectation that his employment status should be confirmed in view of the communications with his supervisors," the papers state.
In their response, the defendants, KBL say that the plaintiff was employed and placed on three months probation effective from August 30 2004.
"This will mean that as at 30 November 2004, plaintiff's employment with the defendant came to an end unless otherwise confirmed to be of permanent status," states the letter of plea.
KBL further states that the plaintiff's declaration lacks sufficient particulars to sustain a course of action for injuries suffered within the arena of an employer-employee relationship. The defendants further suggest that Gaetsewe's declaration is vague and embarrassing. The defendants also say that Gaetsewe failed to establish a causal link between the defendant and the road accident in which the plaintiff was involved.
"The plaintiff has failed to allege that the defendant was negligent in any manner or otherwise, guilty of an unlawful act or omission that led to the occurrence of the road accident in this matter," states the letter.
They further say that for those reasons the plainfiff's declaration lacks sufficient averments necessary to establish or sustain a course of action. Further and alternatively, the defendant submits for this reason the plaintiff's declaration is vague and they are embarrassed by their inability to plead.
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