Mine union in deadlock with Tsumeb smelter over volunteer separation scheme

The Mine Workers Union of Namibia (MUN) has accused the Sinomine Tsumeb Smelter of bypassing fair labour practices by pushing ahead with a controversial voluntary separation scheme without engaging the union, in what MUN calls a “disguised termination of employment”.

Speaking to Desert FM on Tuesday, MUN general secretary George Ampweya said the union had made several attempts to engage the employer on the proposed scheme, but management insisted the process does not constitute collective dismissals as defined under Section 34 of the Labour Act.

According to Ampweya, the employer has refused to negotiate with the union, arguing that the scheme does not require union involvement.

“The union maintains its view that the process is a disguised termination of employment of our members,” said Ampweya. “We insist that such a process should be subjected to negotiations with the union.”

The standoff escalated to the point where minister of justice and labour relations Wise Immanuel had to intervene.

A meeting was convened on Monday between the union, the company, and the ministry, in an effort to mediate the dispute. However, the meeting failed to yield an agreement, with the employer sticking to its initial position.

Ampweya confirms that the minister has since ordered a suspension of the voluntary separation process and expressed his intention to invoke Section 80 of the Labour Act. This provision empowers the minister, via the labour commissioner, to appoint a conciliator to resolve the dispute.

“This means that the dismissals will be suspended until the conciliation process has been concluded,” Ampweya said.

In a significant development, the Namibian Competition Commission also attended the meeting and raised red flags over the employer’s actions.

According to Ampweya, the commission expressed concern that the voluntary separation might in fact be a veiled retrenchment exercise. The commission has committed to reviewing the process and is expected to pronounce itself by 31 July.

Despite the ministerial directive and mounting concerns, Ampweya said the union is aware that management is still accepting applications from workers who wish to opt for the separation.

“We have confirmed that the process should be halted,” said Ampweya. “Our members are encouraged not to participate until the conciliation process initiated by the honourable minister has been concluded.”

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