Namibia Food and Allied Workers Union (Nafau) general secretary Jacob Penda has accused the management of Kavango Supermarket and Bottlestore (Kavango OK Foods) of violating the country’s Labour Act.
Penda was speaking on Desert Radio yesterday after the company suspended 103 of its workers a few days ago.
He said the supermarket’s management intimidated employees that participated in a legal strike earlier this year.
This comes after the supermarket suspended 103 employees, reportedly for taking part in an unprotected strike.
The striking workers were demanding salary increases and improved working conditions.
Penda criticised Kavango OK Foods’ treatment of workers following the strike and accused the company of engaging in union-busting practices.
“The employer is anti-union and disrespects Namibian workers and the laws of this country. That cannot be accepted or tolerated,” Penda asserted.
He said the supermarket’s management acted unlawfully by suspending workers and emphasised that they participated in a protected strike.
According to Penda, the strike, from 13 to 23 May, was conducted in full compliance with Namibian labour law.
He said Nafau followed all legal procedures leading up to the strike, including submitting a wage proposal, engaging in negotiations and eventually declaring a dispute when negotiations reached a deadlock.
The strike rules were mutually agreed upon by both parties, and the workers participated peacefully within the designated areas, he added.
According to Penda, the supermarket’s management replaced striking workers during the strike and later suspended the returning workers due to allegations that they participated in an unprotected strike.
He emphasised that these actions are unjustified, particularly because the strike was legally sanctioned and a settlement agreement was signed on 23 May.
“The employer agreed to the settlement and that the workers would return to their jobs within three days, in line with the Labour Act. Now, they’re being charged as if they participated in an unprotected strike, which is completely false.”
Penda said the suspension of workers is baseless. He called for all the charges against them to be dismissed and for workers to be reinstated in their permanent positions, with the same benefits they enjoyed before taking part in the strike.
He further called on the supermarket’s management to comply with the settlement agreement or face action from Nafau.
Meanwhile, he urged the public to boycott the supermarket’s branches at Nkurenkuru and Rundu until the suspended workers are reinstated.
“This employer is trying to send a message to Namibian workers that they shouldn’t participate in any legal strikes in the future.
We are calling on the Namibian people to stand in solidarity with these workers by refusing to support this business until the situation is resolved,” said Penda.
The Manager of the supermarket, Jose Machado, says the employees were not dismissed because they took part in the strike, but for breaking the strike rules.
“They were dismissed for breaking the strike rules, and all the procedures were followed. There was a disciplinary [hearing] … there’s still an ongoing issue,” he says.
Machado says 103 employees were replaced with temporary employees for the time being.
“We have replaced them because it’s still an ongoing thing.”
He further says it is “improper” to discuss the matter because that would be breaking the law.
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