NBC faces contempt charge

The Namibian Broadcasting Corporation is facing a contempt of court charge after it failed to pay a penalty prescribed by the District Labour Court in a case of unfair dismissal.

NBC dismissed Edy ‘Terror’ /Narib, a former sub-editor, in November 2001 while he was booked off for severe depression. He subsequently took the company to court and won with an order that the broadcasting parastatal pay him N$84 462 as compensation for his loss of income for a period of 18 months.

The case has its roots in an NBC investigation into allegations of misconduct against /Narib at the beginning of October 2001.The company alleged that he was guilty of theft of fuel and lost the company tracksuits./Narib denied the allegations and a disciplinary hearing was pending when he tendered his resignation on October 14 to be effective from December 15 the same year.

Two days after he submitted his resignation, /Narib was booked off sick for major depression.He was expected to return on November 16 but NBC issued an ultimatum to him, which was later withdrawn while the disciplinary investigation was suspended pending his return to work.

On November 16 – the day of his return to work – /Narib was again booked off for 10 days but the NBC terminated his services and served him with the dismissal letter when he returned to work.On the same day the company also accepted his resignation letter dated October 14.

Chairperson of the District Labour Court, Clement Daniels, said that during cross-examination NBC Human Resources Manager Theo Karipi admitted that the company had erred in issuing two letters.Daniels said NBC’s was aware that /Narib was booked off, yet went ahead to terminate his services.

The termination, he said, superseded the resignation and thus amounted to unfair dismissal.He said NBC was under obligation to investigate why /Narib did not return to work because of the seriousness of his illness or medical condition and should also have considered the possibility that the sick leave was extended before jumping to conclusions.He said there was no valid or fair reason for NBC to dismiss /Narib and the right procedures were not followed.

Daniels ordered the NBC to pay /Narib but did not ask for his return to work because the relationship between the two had irretrievably broken down.The payment was to be made by January 15 this year but the NBC had not honoured the court order./Narib’s lawyer, Jeff Tjitemisa, tried to attach NBC property but was informed that there was a clause in the NBC Act which prevents him from doing that.They are now looking at other options as the NBC face a contempt of court charge.

He subsequently took the company to court and won with an order that the broadcasting parastatal pay him N$84 462 as compensation for his loss of income for a period of 18 months.The case has its roots in an NBC investigation into allegations of misconduct against /Narib at the beginning of October 2001.The company alleged that he was guilty of theft of fuel and lost the company tracksuits./Narib denied the allegations and a disciplinary hearing was pending when he tendered his resignation on October 14 to be effective from December 15 the same year.

Two days after he submitted his resignation, /Narib was booked off sick for major depression.He was expected to return on November 16 but NBC issued an ultimatum to him, which was later withdrawn while the disciplinary investigation was suspended pending his return to work.

On November 16 – the day of his return to work – /Narib was again booked off for 10 days but the NBC terminated his services and served him with the dismissal letter when he returned to work.On the same day the company also accepted his resignation letter dated October 14.

Chairperson of the District Labour Court, Clement Daniels, said that during cross-examination NBC Human Resources Manager Theo Karipi admitted that the company had erred in issuing two letters.Daniels said NBC’s was aware that /Narib was booked off, yet went ahead to terminate his services.

The termination, he said, superseded the resignation and thus amounted to unfair dismissal.

He said NBC was under obligation to investigate why /Narib did not return to work because of the seriousness of his illness or medical condition and should also have considered the possibility that the sick leave was extended before jumping to conclusions.He said there was no valid or fair reason for NBC to dismiss /Narib and the right procedures were not followed.

Daniels ordered the NBC to pay /Narib but did not ask for his return to work because the relationship between the two had irretrievably broken down.The payment was to be made by January 15 this year but the NBC had not honoured the court order./Narib’s lawyer, Jeff Tjitemisa, tried to attach NBC property but was informed that there was a clause in the NBC Act which prevents him from doing that.They are now looking at other options as the NBC face a contempt of court charge.