Nafau takes on ‘bankrupt’ hotel owner

THE Namibian Food and Allied Workers Union (Nafau) is considering taking legal action against the owner of the closed Continental Hotel in Windhoek for allegedly terminating contracts of close to 65 workers illegally.

Nafau’s Acting General Secretary Kiros Sakarias told The Namibian on Monday that their lawyer was in the process of filing a criminal case against DU Teixeira of Windhoek Caterers, the firm which was operating the hotel. Sakarias alleged that Teixeira did not follow the Labour Act on the retrenchment of workers.He said apart from failing to inform Nafau and the Labour Commissioner that the hotel was going to close, Teixeira had also not channelled the workers’ pension money and their social security contributions to the relevant institutions.Sakarias said the union had proof of this.The Labour Act states that any employer who intends to terminate a contract of his or her employee, shall inform the registered trade union recognised by him or her as an exclusive bargaining agent in respect of such an employee.Sakarias added that the Labour Commissioner also had to be informed of the reasons for the intended closure and the number of workers who would be affected.”All this was not done,” he said.A few days after the closure, Teixeira’s lawyer Kris Brandt told the union that he had gone to Portugal to solicit funds, which he would use for paying part of the retrenchment packages of the workers.But until now the union had not heard from his lawyer.”So, we are actually dealing with a criminal hiding behind the lawyer,” said Sakarias.He said they had recently asked for advice from the Police if they could lay criminal charges against Teixeira and the Police said that this could be done.He said they had also taken up the issue with the Office of the Labour Commissioner.In April this year, Axel Behnsen, a director of Continental Pty Ltd, the company that owns the building, confirmed to The Namibian that the hotel had been closed down since the tenants did not pay the rent.The hotel was liquidated effective from March 3.Former workers at the hotel are now in trouble and are finding it difficult to survive.”Now, we do not know what to do.We don’t have money and some of us even have families,” said Shimanya David, a former employee at the hotel.Sakarias alleged that Teixeira did not follow the Labour Act on the retrenchment of workers.He said apart from failing to inform Nafau and the Labour Commissioner that the hotel was going to close, Teixeira had also not channelled the workers’ pension money and their social security contributions to the relevant institutions.Sakarias said the union had proof of this.The Labour Act states that any employer who intends to terminate a contract of his or her employee, shall inform the registered trade union recognised by him or her as an exclusive bargaining agent in respect of such an employee.Sakarias added that the Labour Commissioner also had to be informed of the reasons for the intended closure and the number of workers who would be affected.”All this was not done,” he said.A few days after the closure, Teixeira’s lawyer Kris Brandt told the union that he had gone to Portugal to solicit funds, which he would use for paying part of the retrenchment packages of the workers.But until now the union had not heard from his lawyer.”So, we are actually dealing with a criminal hiding behind the lawyer,” said Sakarias.He said they had recently asked for advice from the Police if they could lay criminal charges against Teixeira and the Police said that this could be done.He said they had also taken up the issue with the Office of the Labour Commissioner.In April this year, Axel Behnsen, a director of Continental Pty Ltd, the company that owns the building, confirmed to The Namibian that the hotel had been closed down since the tenants did not pay the rent.The hotel was liquidated effective from March 3.Former workers at the hotel are now in trouble and are finding it difficult to survive.”Now, we do not know what to do.We don’t have money and some of us even have families,” said Shimanya David, a former employee at the hotel.