TransNamib labour dispute to drag on

THE High Court on Friday put on hold a District Labour Court ruling that TransNamib reinstate a former senior manager and backdate his salary to December 2004.

The transport parastatal approached the court after the lawyers of Erenfried ‘Tjivi’ Ndjoonduezu issued a warrant of execution against the company in which they wanted to attach property worth N$200 000. Three weeks ago, Magistrate Uaatjo Uanivi ordered Ndjoonduezu’s immediate reinstatement and told the company to pay him N$19 839,96 – money that had been deducted from his salary.TransNamib was also ordered to pay him three months’ salary for losses incurred as a result of the unfair dismissal, and to refund him N$95 500 he spent on his studies towards a master’s degree.Uanivi said any subsequent disciplinary hearing on the same charges within the next six months would be regarded as “unfair and unjustifiable”.Ndjoonduezu was fired by TransNamib in December 2004 for alleged absenteeism, disobedience and poor time management.When the company failed to implement the court order in time, Ndjoonduezu’s lawyer, Jeff Tjitemisa, applied for an urgent hearing in which he demanded that the District Labour Court rule TransNamib in contempt of court and to force it to execute Uanivi’s order.TransNamib filed papers opposing the contempt charge, but the hearing on the company’s objection was postponed because of the shortage of magistrates.Silas-Kishi Shakumu, formerly with Shikongo Law Chambers and now employed as company legal advisor at TransNamib, said in court papers on Friday that Tjitemisa informed them on May 23 that the company’s opposition would be heard on May 29 (yesterday).Tjitemisa, in the meantime, sent the Messenger of the Court for the District of Windhoek on Wednesday to attach TransNamib property worth N$200 000.”Needless to say, after I had been informed thereof by the applicant’s legal representatives, I was baffled by this course of action without the first respondent’s legal representatives having informed us thereof,” Shakumu said.He said the period prescribed by court rules within which TransNamib was to launch an appeal had not expired but Tjitemisa proceeded with his warrant of execution.”I have been advised that this seems highly irregular in the circumstances,” said Shakumu.He said TransNamib was in the process of appealing against Uanivi’s judgement and believed that they would prove that the dismissal was fair and done in accordance with company policies.High Court Judge Louis Muller stayed the execution of the warrant until TransNamib’s appeal is heard.When he dismissed TransNamib’s case Magistrate Uanivi said the company’s Chief Executive Officer John Shaetonhodi acted “grossly unfairly” and outside his authority to trump up charges against Ndjoonduezu and dismiss him just because he refused to distance himself from newspaper articles that alleged a witch-hunt against several senior managers at the parastatal.Uanivi said Shaetonhodi had shown “a high degree of bias”: he compiled the information, advised suspended General Manager Jason Hamunyela on how to go about the charges and presided over Ndjoonduezu’s hearing.”He should have remained neutral.He played a dual role – that of directing the investigation and hearing the case.He must have formed a biased opinion,” Uanivi said in his ruling.Magistrate Uanivi said the company had failed to provide the court with records of the disciplinary hearing were Ndjoonduezu was found guilty of absenteeism.He added that it was proven at the District Labour Court hearing that the timecard system – through which Ndjoonduezu was found guilty of absenteeism – was faulty and that he had even been found guilty for times he was attending meetings on the company premises.Magistrate Uanivi said the charges against Ndjoonduezu were “vague” and intended to catch him by surprise, as they were not provided to him before the hearing.Three weeks ago, Magistrate Uaatjo Uanivi ordered Ndjoonduezu’s immediate reinstatement and told the company to pay him N$19 839,96 – money that had been deducted from his salary.TransNamib was also ordered to pay him three months’ salary for losses incurred as a result of the unfair dismissal, and to refund him N$95 500 he spent on his studies towards a master’s degree.Uanivi said any subsequent disciplinary hearing on the same charges within the next six months would be regarded as “unfair and unjustifiable”.Ndjoonduezu was fired by TransNamib in December 2004 for alleged absenteeism, disobedience and poor time management.When the company failed to implement the court order in time, Ndjoonduezu’s lawyer, Jeff Tjitemisa, applied for an urgent hearing in which he demanded that the District Labour Court rule TransNamib in contempt of court and to force it to execute Uanivi’s order.TransNamib filed papers opposing the contempt charge, but the hearing on the company’s objection was postponed because of the shortage of magistrates.Silas-Kishi Shakumu, formerly with Shikongo Law Chambers and now employed as company legal advisor at TransNamib, said in court papers on Friday that Tjitemisa informed them on May 23 that the company’s opposition would be heard on May 29 (yesterday).Tjitemisa, in the meantime, sent the Messenger of the Court for the District of Windhoek on Wednesday to attach TransNamib property worth N$200 000.”Needless to say, after I had been informed thereof by the applicant’s legal representatives, I was baffled by this course of action without the first respondent’s legal representatives having informed us thereof,” Shakumu said.He said the period prescribed by court rules within which TransNamib was to launch an appeal had not expired but Tjitemisa proceeded with his warrant of execution.”I have been advised that this seems highly irregular in the circumstances,” said Shakumu.He said TransNamib was in the process of appealing against Uanivi’s judgement and believed that they would prove that the dismissal was fair and done in accordance with company policies.High Court Judge Louis Muller stayed the execution of the warrant until TransNamib’s appeal is heard.When he dismissed TransNamib’s case Magistrate Uanivi said the company’s Chief Executive Officer John Shaetonhodi acted “grossly unfairly” and outside his authority to trump up charges against Ndjoonduezu and dismiss him just because he refused to distance himself from newspaper articles that alleged a witch-hunt against several senior managers at the parastatal.Uanivi said Shaetonhodi had shown “a high degree of bias”: he compiled the information, advised suspended General Manager Jason Hamunyela on how to go about the charges and presided over Ndjoonduezu’s hearing.”He should have remained neutral.He played a dual role – that of directing the investigation and hearing the case.He must have formed a biased opinion,” Uanivi said in his ruling.Magistrate Uanivi said the company had failed to provide the court with records of the disciplinary hearing were Ndjoonduezu was found guilty of absenteeism.He added that it was proven at the District Labour Court hearing that the timecard system – through which Ndjoonduezu was found guilty of absenteeism – was faulty and that he had even been found guilty for times he was attending meetings on the company premises.Magistrate Uanivi said the charges against Ndjoonduezu were “vague” and intended to catch him by surprise, as they were not provided to him before the hearing.