The Labour Court yesterday ordered the Katima Mulilo Town Council to reinstate suspended chief executive Raphael Liswaniso with immediate effect.
This comes after Liswaniso took the town council to the Labour Court over unfair labour practices and change of terms and conditions of employment, following his suspension without pay last October.
Liswaniso was suspended pending internal investigation and was subsequently charged with 44 misconduct-related charges in terms of Section 29 (6) (a) of the Local Authorities Act 23 of 1992, and the Personnel Rules of the Katima Mulilo Town Council 2010.
He has since appeared before a disciplinary hearing.
In his arbitration argument, Liswaniso claimed he was suspended without pay and not informed of the exact charges laid against him.
He added that was denied the chance to ask any questions relating to his suspension and was told to leave the premises.
According to Liswaniso, he appealed, but received no feedback. He also argued that the administrator appointed by the minister of urban and rural development had no authority to suspend him.
He said the town council’s Personnel Rules also stipulate that a suspended employee must receive their salary, however, he was denied his.
Arbitrator Bester Maiba, during an arbitration hearing at Katima Mulilo yesterday, found that Liswaniso’s claim was successful and that the precautionary suspension be lifted with immediate effect.
“The respondent is hereby ordered to pay the applicant all his remaining salary he would have received had he not been suspended with immediate effect,” he stated.
Maiba said he found that Liswaniso’s claim of a unilateral change of terms and conditions of employment is valid. Liswaniso was represented by advocate Victor Kangumu, assisted by Bernhard Tjatjara from Rundu, while the Katima Mulilo Town Council was represented by Kaijata Kangueehi.
The town council’s troubles started when urban and rural development minister James Sankwasa dissolved the council in August due to alleged maladministration and failure to implement his directives.
Sankwasa revealed that after dismissing the council, he conducted an audit into council affairs and uncovered corruption, favouritism, and mismanagement.
In November, the council also suspended manager for legal, bilateral relations, and corporate services Patrick Lilungwe.
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