Black Leopards have received a letter of demand to pay Joel Masutha an amount in the region of R660 000 for alleged breach of contract.
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Masutha has been one of the technical team members at the Limpopo-based NFD side. Following the team's failure to secure promotion to the PSL in the 2015/16 season, Masutha was affected by the changes made at the club at the end of the season, and was relieved of his duties.
Former Mamelodi Sundowns General Manager Kenneth Makhanya, who is serving in the same position at Lidoda Duvha these days, has been sent correspondence from Masutha's attorneys informing the club about their alleged breach of contract.
The Siya crew obtained the documents confirming that Leopards have been ordered to pay their former goalkeeper over half a million rand.
EXTREMELY URGENT: NOTICE OF BREACH OF CONTRACT
Dear Mr. Makhanya
RE: BREACH OF FIXED TERM EMPLOYMENT CONTRACT – NTANDENI JOEL MASUTHA
1. The above matter and your letter dated 24thMay 2016, making reference to a section 189 Notice in terms of the Labour Relations Act bears reference.
2. We act on behalf of Mr. Joel Masutha, our client, upon whose instructions this letter is addressed to you.
3. We are instructed that our client entered into a fixed term agreement with your club, commencing on the 1st September 2015 and due to terminate on the 30thJune 2017.
4. We are further instructed that on or about April 2016, our client was approached by your
Executive Chairman, advising him to tender his resignation amid certain vexatious allegations against him. This followed the employment of Mr. Sello Chokoe as "head coach" after the resignation of Mr. Kostadin Papic.
5. It is our client's version that he refused to heed to the call by the Executive Chairman to resign, which was followed by vexatious disciplinary process against him for "misconduct" on the 12thMay 2016. Your club for reasons unknown accordingly abandoned this process against our client.
6. We note that on the 24thMay 2016, in a clear attempt to circumvent the provisions of the Labour Relations Act relating to fair disciplinary proceedings and practice, your company elected to "Rentrench" our client, in total disregard of the labour laws of the country and the contractual obligations between the parties.
7. We are therefore instructed to notify your club that your act of "Rentrenchment", which both substantively and procedurally irregular, amounts to material breach of the fixed term agreement with our client in the form of repudiation.
8. Accordingly, we are instructed to claim, as we hereby do, an amount R660 000.00 in contractual damages for the remaining portion of the agreement.
9. The amount claimed in paragraph 8 above should be paid directly into our client's account within 7 (seven) days of receipt of this letter.
10. Failure to adhere to our demand as stated herein will leave us with no option but to invoke the provisions of clause 13 of the fixed term employment agreement and refer the matter to the PSL Dispute Resolution Chamber for adjudication.
11. Our client's rights in law to approach the Labour Court for declaratory order on unlawful retrenchment in light of the failure by the club to follow the provisions of the Labour Relations Act remains strictly reserved. We reserve the rights to run both processes in the Labour Court and the PSL Dispute Resolution Chamber.
A punitive cost order of the highest scale in this instance will be sought against your club.
