Senyatsi Bennita Phasha, a former employee of Nissan South Africa (NSA), has been forced to reimburse the automaker for more than R350,000, which she utilized to fund her studies in Japan.
The South Gauteng High Court in Pretoria issued the ruling after NSA petitioned the court, requesting that Phasha reimburse the money that was expended on her during her two years at the university.
Beginning in October 2014, Phasha served as a fleet manager for the NSA.
Two years later, in 2016, she received a nomination to take part in the Japan International Cooperation Agency’s (JICA Agreement) African Business Education Initiative For Youth (ABE).
Aug. 11, 2016, she signed a JICA Agreement.
An NSA HR manager said in court that the program’s goal was to guarantee that the business maintained the right talent pool so that workers could return after the program is over.
Phasha was supposed to work for the corporation for two years and six months after finishing the program, but she only stayed for one year and three months.
She left her job and went on to work for another company as a product manager. The court records contained no mention of the company’s name.
The NSA was upset by Phasha’s resignation, and an application was made to recover more than R412,000 that had been spent on her maintenance throughout her time in Japan.
In support of her position, Phasha cited the following clause from the JICA Agreement: “The employee acknowledges that this agreement shall become null and void upon completion of the program and the provisions of the agreement to be entered into between the parties shall apply.”
Because her employment terms were therefore governed by the terms of the new contract of employment that she signed when she returned from Japan, she claimed that the terms of the JICA Agreement were void.
Furthermore, she stated that Nissan Global, not NSA, was funding the JICA program.
She went on to argue that since the HR manager was not involved in the negotiation or conclusion of the JICA Agreement or the new agreement, all of the material he presented was hearsay.
The HR manager refuted Phasha’s evidence in his response, stating that the new contract she signed upon her return from Japan was in accordance with NSA’s promise to provide her with a new work contract upon her return and that it did not supersede the JICA Agreement.
He refuted the notion that his testimony was hearsay, stating that the JICA Agreement is under his division’s purview, and they handle its administration even if he was not engaged in its creation or execution.
According to him, this included paying for stipend, lodging, meals, and travel expenses.
He refuted Phasha’s claim that Nissan Global was the program’s sponsor.
Acting Judge M. Ntanga, based on the facts presented, stated that Phasha participated in the JICA program all the way through and was compensated by NSA with a stipend and other benefits.
Judge Ntanga stated that although NSA fulfilled its duty to employ Phasha under the terms of the new employment contract after she finished the program, the JICA Agreement remained in effect because its goal was to support NSA’s long-term strategy and help Phasha in her managerial role.
Judge Ntanga stated that the sum Phasha was required to repay will be lowered to R353 005.89, as it was the amount that could be verified, pointing out that the NSA had overestimated the amount.
In addition, the judge mandated that Phasha pay the money plus interest at a rate of nine percent until the date of the last payment.