Another court ruling against TransNamib

THE Windhoek District Labour Court on Monday ordered TransNamib to reinstate yet another one of the senior managers fired by the company in January last year.

Moses Mbai was dismissed without a hearing and his appeal was rejected by the company. However, Magistrate Uaatjo Uanivi ordered the company to reinstate Mbai by yesterday morning at a level equal to his redundant position and to pay him three months’ salary as compensation for the inconvenience caused by his dismissal.The transport parastatal was also ordered to pay for Mbai’s legal fees.Mbai was one of four senior managers the company got rid of in January last year for alleged misconduct related to absenteeism.The others were Erenfried ‘Tjivi’ Ndjoonduezu, Godhard !Howaeb and Bernhardt !Gaeb.They have all taken the company to court.Ndjoonduezu and !Gaeb have been given rulings in their favour while !Howaeb still awaits his judgement from the District Labour Court.The company has since appealed against the order to pay N$468 200 to !Gaeb and to keep him on its medical aid for four years while also paying him full pension benefits.They have also done so in the High Court against the ruling to reinstate Ndjoonduezu and to pay backdate his salary to when he was fired.On Monday, Magistrate Uanivi said TransNamib was “frivolous in its actions” against Mbai and tried to instil “genuine fear” in him by allegedly first telling him through his immediate supervisor and then through the Chief Executive Officer that they would frustrate him until he resigned.He said the company made itself guilty of “malicious actions” and abandoned Mbai’s position without consulting him.Mbai and the rest were dismissed after reports appeared in The Namibian in December 2004 that their jobs had been taken over by friends of CEO John Shaetonhodi and suspended General Manager Jason Hamunyela while they were assigned to another project, called the Tanaura Project.When their work on the project was done, they came back but were told that their positions had been made redundant.They were soon disciplined for absenteeism and dismissed.Uanivi said the company contravened parts of the Labour Act while making Mbai’s position redundant and should have re-employed him in a similar position with similar benefits.In June last year, when it appeared as if the company had no watertight case against Mbai, they offered to reinstate him but at a demoted level.At that stage, his lawyer, Clive Kavendjii, argued that Mbai was not interested in reinstatement because the relationship between him and the company had deteriorated beyond repair.However, Magistrate Uaatjo Uanivi ordered the company to reinstate Mbai by yesterday morning at a level equal to his redundant position and to pay him three months’ salary as compensation for the inconvenience caused by his dismissal.The transport parastatal was also ordered to pay for Mbai’s legal fees.Mbai was one of four senior managers the company got rid of in January last year for alleged misconduct related to absenteeism.The others were Erenfried ‘Tjivi’ Ndjoonduezu, Godhard !Howaeb and Bernhardt !Gaeb.They have all taken the company to court.Ndjoonduezu and !Gaeb have been given rulings in their favour while !Howaeb still awaits his judgement from the District Labour Court.The company has since appealed against the order to pay N$468 200 to !Gaeb and to keep him on its medical aid for four years while also paying him full pension benefits.They have also done so in the High Court against the ruling to reinstate Ndjoonduezu and to pay backdate his salary to when he was fired.On Monday, Magistrate Uanivi said TransNamib was “frivolous in its actions” against Mbai and tried to instil “genuine fear” in him by allegedly first telling him through his immediate supervisor and then through the Chief Executive Officer that they would frustrate him until he resigned.He said the company made itself guilty of “malicious actions” and abandoned Mbai’s position without consulting him.Mbai and the rest were dismissed after reports appeared in The Namibian in December 2004 that their jobs had been taken over by friends of CEO John Shaetonhodi and suspended General Manager Jason Hamunyela while they were assigned to another project, called the Tanaura Project.When their work on the project was done, they came back but were told that their positions had been made redundant.They were soon disciplined for absenteeism and dismissed.Uanivi said the company contravened parts of the Labour Act while making Mbai’s position redundant and should have re-employed him in a similar position with similar benefits.In June last year, when it appeared as if the company had no watertight case against Mbai, they offered to reinstate him but at a demoted level.At that stage, his lawyer, Clive Kavendjii, argued that Mbai was not interested in reinstatement because the relationship between him and the company had deteriorated beyond repair.