The reason why Andile Jali's dismissal case against Moroka Swallows was not entertained by the PSL DRC has been revealed.
Jali filed an urgent application to the PSL Dispute Resolution Chamber (DRC) to be reinstated by Swallows after he had his contract, with all the team players, terminated in December for participating in what the Birds termed an illegal strike.
According to the former Mamelodi Sundowns midfielder's agent Mike Makaab, the 33-year-old was injured at the time the Swallows players boycotted the DStv Premiership matches against the Brazilians and Golden Arrows in December and so from their point of view, they believe he is entitled to receive his December salary.
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However, the DRC struck Jali's case off the roll and ordered him to pay the costs of the sitting, as they did not deem his matter as being urgent, according to Swallows lawyer Leruma Thobejane.
"You see the problem is everyone wants to claim that they are owed monies, so that in the public eye Moroka Swallows is seen as this club that is delinquent, this club that does not obey contracts, that is not true. It's good to make the case in the media but it's difficult to make the case in a tribunal. Today (Wednesday) we heard this matter before the NSL DRC and Andile (Jali) could not jump the first hurdle of urgency," Thobejane confirmed on Metro FM Sports.
"He (Jali) believes Swallows owes him money for the entire month of December and we differed with him. The letter of termination is very clear, you'll be paid for the days you worked for Swallows and the contract of employment, clause 17.2 is very clear, the principle of no work no pay shall apply and we applied that principle. For the days they worked, they were paid and for the days they did not work they were not paid, simple as that," he said.
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However, Jali did not lose the case on merits and he can still continue to litigate but Thobejane made it clear that he does not see the former Orlando Pirates midfielder getting back to Swallows.
"I don't see Andile back at Moroka Swallows. No player has a right to work for Moroka Swallows, so Andile does not have a right to work for Moroka Swallows. The difference between Andile and Moroka Swallows is that they didn't agree (compared to other players who were re-signed after termination of contracts). So you can't force somebody to employ you," he added.
Jali is currently a free agent and can sign for any club outside of the transfer window.
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