A former employee at Nissan South Africa (NSA), Senyatsi Bennita Phasha, has been ordered to pay the car manufacturer over R350,000 which was used for her studies in Japan.
The order was made by the South Gauteng High Court in Pretoria after NSA approached the court demanding Phasha to pay back money spent on her while she was at the university for two years.
Phasha worked for NSA as a fleet manager from October 2014.
After two years, in 2016, she was nominated to participate in the in the African Business Education Initiative For Youth (ABE) of the Japan International Cooperation Agency (JICA Agreement).
She signed a JICA Agreement on August 11, 2016.
In court, an HR manager from NSA testified that the purpose of the programme was to ensure that the company keeps the correct pool of talent that will enable employees to plough back once the programme is completed.
After completing the programme, Phasha had to stay with the company for two years and six months, however, she only stayed for one year and three months.
She resigned and took another position as a Product Manager in another company. The name of the company was not mentioned in the court documents.
Her resignation troubled NSA and an application was launched seeking Phasha to pay back over R412,000 used for her upkeep while she was in Japan.
In her defence, Phasha said that Clause 14 of the JICA Agreement states: “The employee acknowledges that after completion of the programme, this agreement shall become null and void and the provisions of the agreement to be entered into between the parties shall apply”.
Based on this, she said the terms of the JICA Agreement were null and void, because her employment terms were then regulated by the provisions of the new contract of employment which she signed when she returned from Japan.
Moreover, she said the JICA programme was paid by Nissan Global, not NSA.
She added that the HR manager’s evidence was entirely hearsay as he was not involved in the negotiation and conclusion of the JICA Agreement as well as the new agreement.
In his reply, the HR manager disputed Phasha’s evidence and explained that the new agreement that she signed when she returned from Japan, it was in line with NSA’s undertaking to offer her a new contract of employment upon her return and said the contract didn’t replace the JICA Agreement.
He denied that his evidence was hearsay and said even though he was not involved in the drafting and execution of the agreement, the JICA Agreement falls under his division, and they attend to the administration thereof.
He said this included covering costs for travelling, accommodation, food, and a stipend.
He disputed Phasha’s version that Nissan Global covered the programme.
Looking at the evidence, acting judge M Ntanga said Phasha attended the JICA programme until completion and during the duration of the programme, she received a stipend and benefits from NSA.
Judge Ntanga said when Phasha completed the programme, NSA fulfilled its obligation by employing her in terms of the new contract of employment, however, this didn’t terminate the JICA Agreement because its purpose was to contribute towards NSA’s long-term strategy as well as assist Phasha in her role as a manager.
Judge Ntanga noted that NSA had miscalculated the amount Phasha had to pay back and said the amount will be reduced to what could be proven which was R353 005.89.
The judge further ordered Phasha to pay the money with interest at the rate of 09.00% until the date of final payment.
sinenhlanhla.masilela@iol.co.za
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