ONDANGWA-based radio station Shipi FM has been ordered by the Office of the Labour Commissioner to reinstate two retrenched employees, Gustav Sheehama and Patrick Kemanye.
Sheehama was retrenched on 30 August, while Kemanye was retrenched on 4 September.
Following his retrenchment, Sheehama was immediately replaced with a former employee of the radio station.
The duo then took their employer to court claiming unfair dismissal.
According to the documents from the Office of the Labour Court, Kemanye received a WhatsApp text message from Shipi FM owner Martin Shipanga questioning why he covered a particular news item and quoted him without consulting him.
Kemanye claimed in the documents that he apologised to Shipanga, who in turn allegedly said he would punish him wherever it fits.
According to the documents, Shipanga decided not to appear before a disciplinary hearing, although he was informed of it in advance on 19 and 21 September, respectively.
In his affidavit, Sheehama alleged that his dismissal came after Shipi FM employees demanded a salary increment and better working conditions.
He said his dismissal from his job has affected him emotionally, physically and financially, causing much public embarrassment.
The Office of the Labour Commissioner found that the employees were unfairly dismissed and that they should be reinstated with a salary increment of N$5 698, reporting for duty on Monday and their salaries should be paid on or before 30 November.
However, Shipi FM, through its lawyers Kopplinger Boltman, wrote to the duo on Sunday requesting them to repay funds paid to them as part of their retrenchment package.
“Due to the retrenchment amounting to an unfair dismissal, you are required to repay the severance and annual leave days paid to you in the amount of N$14 170 on or before 30 November 2023. Failing to repay the money owed, our client shall proceed to take further legal action against you,” noted the lawyers.
The lawyers also indicated that Shipi FM does not wish to engage in costly litigation.
“You are also informed that the client will issue a notice of anticipated retrenchment on 1 December 2023 and will follow the correct procedure in terms of section 34 of the Labour Act 11 of 2007.”
Shipanga did not respond to a WhatsApp message sent to him, despite an indication that the message was received and read.
