The court has ordered the former employee of Nissan South Africa, Senyatsi Phasha, to reimburse the automobile manufacture over R350,000 which was spent on her studies in Japan. Image: Nissan Facebook
(The Post News)- The South Gauteng High Courted in Pretoria has ordered Senyatsi Bennita Phasha, a former employee at Nissan South Africa (NSA), to reimburse the automobile maker for more than R350,000 she spent on her studies in Japan.
The judgment comes after NSA approached the court, requesting that Phasha repay money spent on her during her two years in university. Since October 2014, Phasha has worked as a fleet manager at NSA. On August 11, 2016, she signed a JICA agreement after she received a nomination to partake in the Japan International Cooperation Agency’s African Business Education Initiative for the Youth (ABE).
Sinenhlanhla Masilela wrote an article on IOL stating that Phasha was supposed to stay with NSA for two years and six months after finishing the program, but she was only there for a year and three months. Masilela stated that Phasha quit and obtained a new position as a product manager at another company.
Masilela went on to say that Phasha’s resignation disturbed the National Security Agency (NSA), and that an application was made to have her reimburse roughly R412,000 for the living expenses she incurred in Japan. Phasha retorted, arguing that the JICA Agreement’s provisions were void. She highlighted Clause 14 of the JICA Agreement, which specifies that following conclusion of the program, the agreement will “become null and void” and the parties’ agreement will apply.
Phasha claimed that the terms of the new employment contract she signed upon her return from Japan dictated her working circumstances. Phasha further asserted that Nissan Global, not NSA, funded the JICA program. In addition, she contended that the HR manager’s evidence was invalid because he did not participate in both the JICA Agreement and the new agreement.
Responding to Phasha’s claims, the HR manager contested her claims, explaining that the new contract she signed upon her return was consistent with NSA’s commitment to offer her a new employment contract and that the new contract did not replace the JICA Agreement. The HR manager went on to say that, while he was not involved in the agreement’s drafting, the JICA agreement falls under his division’s purview, and they oversee its administration.
When handing down the judgment, acting judge Ntanga said that Phasha completed the JICA program and received benefits from NSA during the program. Judge Ntanga added that when Phasha completed the program, NSA adhered to its obligation by hiring her; nevertheless, this did not terminate the JICA agreement because its goal was to contribute to NSA’s long-term plan and contribute in Phasha’s role as a manager.
Furthermore, according to Judge Ntanga, NSA had exaggerated the amount Phasha required to reimburse and that the amount would be reduced to what could be substantiated, which was R353,005.89. Phasha was ordered to pay the money at a 9% interest rate until the date of complete payment.
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