Moorosi Tsiane
LABOUR Court Vice President, Motlatsi Monoko, has directed the Minister of Agriculture, Food Security and Nutrition, Thabo Mofosi, to return to the negotiation table with his former Malawian employee over a dispute regarding unpaid terminal benefits.
The former employee, Frank Kalonde, took Mr Mofosi to the Directorate of Dispute Prevention and Resolution (DDPR), accusing him of exploitation after allegedly failing to pay his benefits when he left Mofosi’s Quthing-based farm in September 2024.
Kalonde began working for Chobe Farm Enterprise (Pty) Ltd, owned by Mr Mofosi, in April 2022 to set up shade nets and greenhouses for a horticulture project.
However, the project never took off, owing to the minister’s political commitments, Mr Kalonde said.
Instead, Mr Kalonde claims he was reassigned to various farm duties and, after the elections, ordered to work wherever he was required while still tending to the farm.
In September 2024, following what he described as a toxic work environment, Mr Kalonde resigned and took the case to the DDPR claiming two years’ severance pay amounting to M2769.23, 29 days’ leave payment of M3569, M14,268 for 116 weekly rest days worked, M3075 for working on public holidays over the two years, M64,334 for overtime from April 2022 until his resignation, and M1290 in unpaid wages for the days worked from 1 to 15 September 2024.
He acknowledged taking 15 rest days during his employment, which he agreed should be deducted from the total rest days claimed.
Mr Mofosi was summoned to appear before the DDPR on 17 October 2024 but failed to attend, prompting the tribunal to proceed by default and grant the claims.
“The Tribunal subscribes to the view that the conduct of the respondent (Mofosi) in this instance is tantamount to waiver and unwillingness to utilise his right . . . That is proof that the respondent was fully aware of the date, time and place of hearing,” reads part of the ruling.
The tribunal accepted Mr Kalonde’s version in the absence of any rebuttal, awarding severance pay, leave, payment for public holidays, and unpaid wages.
On overtime, the tribunal found it unrealistic that Mr Kalonde had worked overtime daily for two years, awarding only half of the claimed amount.
In total, Mr Mofosi was ordered to pay M55,301.23 by 14 December 2024.
According to Mr Kalonde, payment was never made. On Wednesday, he learned that Mr Mofosi had lodged an appeal.
During proceedings, Mr Monoko advised both parties to attempt an out-of-court settlement.
“. . . Come back after two weeks and give me the report of progress in terms of settling the matter out of court . . . I know you have tried this a number of times and maybe it hasn’t worked, but now it is by the order of this court,” Mr Monoko said.
He clarified that the directive was not compulsory.
“I am not forcing you to settle this matter; just go and negotiate if possible. You will return with a written and signed deed of settlement. This court is here to protect both parties in this dispute, the applicant and the defendant equally.”
