Moroka Swallows' lawyer Leruma Thobejane has come to the club’s defence regarding esteemed midfielder, Andile Jali's claim that he was unfairly dismissed.
Like many other players at the club, Jali was reportedly owed salary but unlike many members of his side, the former Bafana Bafana star was injured when Swallows failed to honour two fixtures during the festive season in December.
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To the contrary, Thobejane believes the Dube Birds were justified to let go of Jali.
“If you want to refer an unfair dismissal then this is not what you have referred to us, you have referred an urgent application for reinstatement. He just said 'reinstate me on an urgent basis',” Thobejane told Sports Night Amplified with Andile.
“Actually, he wanted the NSL DRC to grant him a final interdict against Swallows - prohibiting Swallows from dismissing him and actually take him back and we said 'you don’t have a right to work for Moroka Swallows', there are other teams.
“He has to show what right does he have to work for Moroka Swallows and secondly, on what grounds can he get a final interdict without us going back to the same DC ruling, determining whether it was fair or unfair. You cannot do that,” he added.
“The letter of the termination is very clear, you’ll be paid the days you work for Swallows, and the contract of employment – the clause is very clear – the clause of no work, no pay shall apply,” Thobejane said.
“The basic principles are now he has a mountain to climb because remember if there are procedures he should’ve followed and didn’t, he has to go back and rectify that which is going to be even hard for him to do. So, I’m not saying he has no option, I’m saying he has no claim against Swallows,” he added.
Renowned agent Mike Makaab, who represents Jali, had stated after his player was released from Swallows that they were contesting that decision because of the injury.
“Andile (Jali) was one of the players that was dismissed by Swallows with a letter of dismissal and we are at the moment speaking to the club and contesting the dismissal,” Makaab said on Gagasi FM late last month.
“Just to let you know, AJ was injured and wasn’t available to train, wasn’t available for that game (against Sundowns), so that’s what we’re dealing with at the moment but I’m sure we’ll get it resolved,” added the agent.
However, after Jali had approached the Dispute Resolution Chamber, his case was struck off the roll but he can still appeal, according to the SABC.
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