Shoprite win a slap in face of workers – union

A SUPREME Court ruling in which Shoprite Namibia won an appeal against striking workers will deter workers from taking part in future strikes, Namibia Food and Allied Workers Union (Nafau) general secretary Jacob Penda says.

Addressing a media briefing in Windhoek on Wednesday, Penda said the court's judgement, which was delivered on 26 April, was shocking. He commented that the judgement undermined the constitutional rights of Namibian workers to strike effectively and took away the protection found in section 76 of the Labour Act, which sets out employees' rights during a strike.

“In effect, the ruling disregarded the clear terms of the Labour Act and the strike rules approved by both parties, implemented as per procedures in place, as well as Namibian workers' constitutional right to strike or engage in other forms of industrial action,” Penda said.

He said the union is planning a nationwide demonstration against the ruling. He called on Namibian workers to mobilise and join the upcoming protest.

The Shoprite-Nafau case dates back to a strike held by Shoprite workers during December 2020 and January 2021. During the strike, Nafau said Shoprite violated the signed strike rules by using scab labour and non-striking employees to do the work of legally striking employees.

This resulted in Nafau approaching the Labour Court to get an interdict against Shoprite. The Labour Court ruled in favour of the striking employees.

Shoprite then filed an appeal with the Supreme Court, requesting it to set aside the Labour Court's decision. The Supreme Court's judgement was in favour of Shoprite, although the court also decided not to set aside a ruling that Shoprite was guilty of contempt of court for not complying with the interdict granted against the company.

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