Baroka appeal after being ordered to pay Kerr R3.5m

The PSL Dispute Resolution Chamber (DRC) ordered Baroka FC to pay former coach Dylan Kerr R3.5-million for axing him in November 2020.

On Friday, Baroka filed papers to the Safa Appeals Board and to the league’s DRC, appealing the judgment that was handed down on May 18, and instructing Baroka to compensate Kerr for the remainder of his contract. His contract with Bakgaga was due to end in June next year.

Kerr is demanding R6.1-million from Bakgaga. He signed a contract on December 31 2019 for the 2019/20 season with a basic gross salary of R155 477.

For the 2020/21 season, his gross salary was set at R171 024, at R188 127 for the 2021/22 season and at R206 939 for 2022/23.

He was also entitled to bonuses, accommodation, a car, fuel allowance and return tickets from Johannesburg to England during the one-year renewal contracts, if applicable, the total being R6 109 001.

According to the papers, since his dismissal he was employed by Black Leopards, Tshakhuma Tsha Madzivandila and currently by club Swallows FC and the total amount he would have received since his dismissal from Baroka amounts to R2 563 437.

Kerr submitted that he is entitled to R6 109 001 minus the R2 563 437, which amounts to R3 545 564.

“As far as interest and costs are concerned, the applicant has been extensively successful and there is no reason not to award him his costs. He is also entitled to interest, and we will accordingly award him interest. The respondent [Baroka] is ordered to pay the applicant [Kerr] damages in the sum of R3 545 564 and the respondent is ordered to pay the applicant costs on the high court scale,” reads part of the ruling from the DRC.

Baroka had found Kerr guilty of bringing the club into disrepute; buying and drinking liquor in the team hotel during the Covid-19 bio-bubble; going on international television and dragging the name of the club through the mud; using the F-word towards his assistant coach in front of players and failing to finish no lower than eighth place on the log table as agreed.

Baroka’s grounds for appealing are based, in part, on the belief that the DRC erred in imposing damages of R3.5-million without explaining how it arrived at the figure, and that it also erred in finding that Kerr was not guilty of drinking during the lockdown.

Safa will determine the date for hearing of the appeal.

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Kgomotso Mokoena

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