‘B2Gold misinterpreted Labour Act when it suspended 200 workers’

B2Gold suspended more than 200 of its employees after they refused to work over eight hours per day without compensation.

The ministry added that the Mineworkers Union of Namibia (MUN) also acted wrongly when it told the employees to stop working after 17h00.

“It has become apparent, through statements published in the media, that MUN and B2Gold have misinterpreted the applicable provisions of the Labour Act. It is also apparent that their relations are deteriorating,” the ministry said in a statement issued yesterday by acting executive director Balbina Pienaar.

This comes after MUN sought an audience with labour minister Utoni Nujoma prior to media reports but did not get a date.

The ministry explained that B2Gold wrote a letter to Nujoma to renew its initial continuous operations status for the mining operations, without submitting the required documentation.

“There was an unfortunate delay in the processing of the letter. However, after several exchanges between the employer and the ministry, B2Gold submitted to the ministry an application that met the requirements,” the statement said.

During this delay, MUN instructed the mine workers to strictly work from 08h00 to 17h00 until they reach an agreement with B2Gold.

The permit B2Gold continues to receive allows it to operate without meal intervals and can work on Sundays and public holidays without the approval of the executive director, as is required in other cases.

To remedy the situation, Nujoma,will have a meeting with the union and the company today.

“The minister decided to lead a team to meet with B2Gold management and the mineworkers union on 11 October 2022, with a view to trying to dispel the misunderstanding about the Labour Act and to restore the previously healthy relationship between the parties,” the statement reads.

The company’s continuous operation permit expired on 31 May 2021.

The minister backdated the permit to 1 June 2021, which the ministry said is common for the minister to do.

“It is the normal practice for the minister to grant an effective date for continuous operation that follows immediately after the expiration of an earlier grant, provided that the application was received before the expiry date. This is what happened in the case of B2Gold,” the statement said.

The ministry said the granting of the continuous operation status did not change the employment conditions or remuneration of the employees.

However, MUN argues that the permit expired and they were within the legal realm to tell the employees not to work after hours until it is renewed.

B2Gold in its notice letter said it has received information that certain employees at the Otjikoto Mine intend to stop working as of 1 October 2023.

“This notice serves as a reminder to all employees that any such stoppage will be deemed as illegal industrial action. Any refusal to work in accordance with the continuous operations system implemented at the mine shall result in immediate disciplinary action being taken against all employees implicated in such misconduct.

“The company shall regard this to be gross insubordination, an offence which can result in dismissal from employment,” the letter reads.