The international advisory firm lost its case on 21 April 2017 that it did not have to pay the outstanding sum to former area manager Ross Pennell on the grounds that his work permit had expired, nullifying his contract.
The judge, however, ruled in favour of Pennell, deeming him a “more credible” witness than deVere group chief executive Nigel Green, who gave evidence in court.
The evidence given by Green, which was considered to be of a “poor nature”, is listed as one of the grounds for appeal.
DeVere had until 5 May to pay Pennell the money, which it has not done, and until 16 May to lodge an appeal, which it did on 15 May.
The appeal document, put together in haste, lists 12 grounds for leave to appeal, however it omits ground number five and provides two different grounds numbered 10.
“No merit”
Speaking to International Adviser, Pennell said he is confident that the appeal will not be upheld. Having consulted with his legal team, he said that the appeals process in the South African Labour Court does not allow additional witnesses or evidence to be presented.
“Given the fact that it has taken over two years to get to this point, it was always highly doubtful there would be any new ‘crucial’ evidence or witnesses. DeVere’s stance has no merit, it is simply yet another attempt to delay matters.”
“Extremely disappointed”
A deVere spokesperson told IA that the company intended to appeal when the story was first reported on 15 May.
DeVere “is extremely disappointed with the ruling and we intend to appeal the decision” the spokesperson said.
“We are wholly confident that we will be successful in this appeal process as, since this case was in court, we have received further crucial evidence that we believe will prove our case beyond any doubt.”
The spokesperson added: “Furthermore, we have been approached by additional witnesses who will, we are sure, prove our case.”
There are, however, no additional witnesses named or alluded to in the appeal document.
IA contacted deVere for additional comment, which it had not received at the time of publication.
