THE labour ministry has ordered Komeho Namibia Development Agency to pay a former employee three months’ salary for unfair dismissal.
Komeho Namibia, owned by Nelago Kasuto, is appealing the ruling.
Arbitrator Nicolhas Shaun Mouers ruled on 25 April 2019 that Komeho should pay Kirsti Mukwiilongo N$51 000 on or before 24 May 2019.
Mukwiilongo took the agency to the Labour Court in 2017 after the company dismissed her on allegations of breach of confidentiality and trust.
The company accused her of not adhering to company policies by sending out external communications for projects without going through Kasuto’s office.
The other accusation of breach of trust and confidence was revealed by another witness who, on behalf of Komeho Namibia, told the Labour Court that Mukwiilongo showed up at a meeting with Likius Valombola – the commissioner for refugees – despite her not serving in a managerial position or on the board of the company.
The witness claimed that Mukwiilongo handed over documents to Valombola during the meeting, which were assumed to be over the poor working conditions at the Osire refugee camp.
The witness also stated that the meeting focused on Mukwiilongo’s grievances with Komeho Namibia, which the witness claimed was something internal, and should not have been brought to the commissioner’s attention.
Mukwiilongo was dismissed after a disciplinary hearing found her guilty.
Mukwiilongo claimed in her defence that Kasuto had approached her to help her set up proposals for projects to be funded by the United Nations Development Programme.
She said she had been promised that should she assist, she would be employed with a N$20 000 salary per month, and be given N$50 000 for her assistance.
“I was only given N$20 000 of the promised N$50 000,” Mukwiilongo told during an interview, adding that instead of the N$20 000 for a salary, she settled for N$17 000 instead.
In her testimony, Mukwiilongo confirmed handing over documents of grievances to Valombola, but denied that the meeting was about her complaints instead of handing over the administration of Osire to Komeho by the AHA agency.
Valombola, who also testified at the Labour Court on behalf of Mukwiilongo, stated that he had felt the need to invite her to the meeting.
Mouers ruled that based on his analysis of evidence and arguments from both parties, the dismissal of Mukwiilongo was procedurally and substantively unfair and unwarranted as both key areas raised in her dismissal were refuted.
Acting managing director Kaarina Iiyambo said they will appeal the case as they do not agree with the ruling, but declined to comment further.
