A former employee of Nissan South Africa, Senyatsi Bennita Phasha, has been granted leave to appeal a court ruling that ordered her to repay over R350,000 spent on her studies in Japan.
The dispute began after Phasha, who joined the company as a fleet manager in 2014, was selected in 2016 to participate in the African Business Education Initiative for Youth through a Japanese-sponsored programme. She signed an agreement related to the programme, under which Nissan covered her expenses during the two-year study period.
Upon her return, Phasha was required to remain employed with Nissan SA for two years and six months, but she resigned after just one year and three months to take a position elsewhere. The company then took legal action, demanding repayment of over R412,000, later adjusted to R353,005.89 with interest.
Phasha argued that the terms of the agreement became null and void upon her return and the signing of a new employment contract. She challenged the court’s interpretation of the agreement, asserting that a specific clause (Clause 14) nullified the prior agreement once the programme ended. She also claimed the testimony from a human resources manager should have been excluded as hearsay.
The HR manager maintained that the JICA agreement remained valid and was intended to support Nissan’s long-term goals by investing in employee development. He explained that although he was not involved in drafting the agreement, his department managed its administration.
The court originally ruled in favour of Nissan, finding that the agreement was still enforceable despite the new employment contract and ordering Phasha to repay the amount with interest. However, in a recent ruling, the judge granted Phasha leave to appeal, stating that another court might reach a different conclusion based on the issues raised.
The appeal will now proceed for further consideration.