The Other Side Of The Labour Coin

WHERE are we heading as a nation? People want more pay for less work and preferably no work at all.

I would like to share the past two weeks of labour issues with you. I am in the food and beverage industry and as you are well aware the workforce relies heavily on tips and most choose to work on a commission basis which ranges anywhere from 3 per cent to 8 per cent as opposed to a set salary.Two weeks ago a well-spoken, reasonably educated gentleman approached me for a job.He was desperate and not experienced in any work environment.He chose to work for a flat rate of N$50 including transport (N$8.50 per hour) per day including tips.After four days and on a Friday evening he removed his pay, without the manager’s permission, from the till, and walked out.Three days later he SMSed me begging for his job back and accused his co-workers of not giving him a chance to make tips.He said that although he had made in excess of N$150 for the evening, they had pocketed more than N$400 each and he would like to return to work if the tip structure was changed so that all tips were shared equally.As I am not unreasonable I explained the situation to him and then he understood the more you work, the more you take home.He then returned to work with a newfound energy, but because it was an off night, the tips were not so good.He managed to stick it out for three more days and then we discovered more than N$500 missing from stock.The cameras showed that he had been serving drinks and pocketing the money.I confronted him on the Friday and told him we would not tolerate this behaviour and asked him to leave.He has since threatened to take me to court, threatened me and my family and is claiming N$3 000 for lung damage caused by the smoky environment he worked in.He has told me that he will strive to close my business and claimed he has the support of a large privately funded organisation.This organisation contacted me to have a meeting but as I do not have the time I told them they could come see me and they never arrived for the appointment.The SMSes did not stop coming so I subsequently barred his number from my phone.He then started sending messages to my wife, who is badly affected by all this.This has taken up a lot of my time and energy and when I contacted the labour department for assistance, they said they must first hear his side of the story.PLEASE!!!!!! There was no help there.He was in my employ for five days and he has a story – I think not.As this person knows where I stay, he has threatened me with violence and my family does not feel safe at home anymore as I work nights.What is a man to do? As yet he has not broken the law but he does believe that I now owe him a pension based on his seven days working with the company and he will come and take what he thinks is rightfully his.A cleaner who earns N$2 000 per month and works a 24-hour week was caught stealing money.I contacted a labour consultant and the cleaner admitted to the theft.I resolved to keep him in my employ and have as per the law issued him with a final warning.He was upset because the final warning did not have an expiry date.The labour consultant explained him to that the choice was a criminal case or he could retain his work.When it came to signing the letter, he was unhappy because his shocking defence was that all the Government officials who get caught stealing are not prosecuted so why were we making a big deal about him.The perpetrator claimed in his defence that it is human error to steal sometimes and after I explained the implications to him, he said he would be better off to resign and he will go to the labour department and find out what he is entitled to as he has been in my employ for five years.He basically feels that we cannot have a working relationship if he is not allowed to steal from time to time.I feel very sorry for the workforce of Namibia who have been duped into believing that they can do whatever they want without fear of reprisal.This man will never get another well-paid job, as he has no qualifications, but he believes that work is not difficult to find and as he was earning N$2 000 per month, his next employer will have to better the offer.It is about time that something gets done about the situation.I have appeared in court for more than four labour cases and each and every one, I have won.It is a time-consuming process and as I fortunately work in the evening, I am in a position to attend court proceedings.I pity the companies that operate during normal hours and therefore have judgments granted against them to pay some undeserving person a few thousand dollars, because it is still cheaper than wasting time in court.This is why so many cases are won by the employee that when given the facts, stand no chance of winning.People are suffering because they are lied to and they do not understand the basics of employment.Alas, there is a solution.The labour department should run a course for the workforce starting with their employees to inform them of the rights and wrongs and those who attend should be given some sort of work ethic diploma which would make them more eligible for a job as opposed to a person without it.The workforce has been lied to long enough and now is the time for action.It will not only save employees time and money, but will relieve the backlog of labour cases that are generally a waste of the court’s time.People are misinformed and are taking action on a discussion sometimes overheard in a tavern or bar and armed with this layman’s guide to the law they are taking decisions which affect them and their families.Any person seeking employment from me in the future will require a police clearance as well as references and work experience.I am not the bad guy.The workforce forgets that it is a two-way street and the Constitution protects the rights of the employer as much as the employee.Tired employer.Via e-mail Note: Name and address provided – EdI am in the food and beverage industry and as you are well aware the workforce relies heavily on tips and most choose to work on a commission basis which ranges anywhere from 3 per cent to 8 per cent as opposed to a set salary.Two weeks ago a well-spoken, reasonably educated gentleman approached me for a job.He was desperate and not experienced in any work environment.He chose to work for a flat rate of N$50 including transport (N$8.50 per hour) per day including tips.After four days and on a Friday evening he removed his pay, without the manager’s permission, from the till, and walked out.Three days later he SMSed me begging for his job back and accused his co-workers of not giving him a chance to make tips.He said that although he had made in excess of N$150 for the evening, they had pocketed more than N$400 each and he would like to return to work if the tip structure was changed so that all tips were shared equally.As I am not unreasonable I explained the situation to him and then he understood the more you work, the more you take home.He then returned to work with a newfound energy, but because it was an off night, the tips were not so good.He managed to stick it out for three more days and then we discovered more than N$500 missing from stock.The cameras showed that he had been serving drinks and pocketing the money.I confronted him on the Friday and told him we would not tolerate this behaviour and asked him to leave.He has since threatened to take me to court, threatened me and my family and is claiming N$3 000 for lung damage caused by the smoky environment he worked in.He has told me that he will strive to close my business and claimed he has the support of a large privately funded organisation.This organisation contacted me to have a meeting but as I do not have the time I told them they could come see me and they never arrived for the appointment.The SMSes did not stop coming so I subsequently barred his number from my phone.He then started sending messages to my wife, who is badly affected by all this.This has taken up a lot of my time and energy and when I contacted the labour department for assistance, they said they must first hear his side of the story.PLEASE!!!!!! There was no help there.He was in my employ for five days and he has a story – I think not.As this person knows where I stay, he has threatened me with violence and my family does not feel safe at home anymore as I work nights.What is a man to do? As yet he has not broken the law but he does believe that I now owe him a pension based on his seven days working with the company and he will come and take what he thinks is rightfully his.A cleaner who earns N$2 000 per month and works a 24-hour week was caught stealing money.I contacted a labour consultant and the cleaner admitted to the theft.I resolved to keep him in my employ and have as per the law issued him with a final warning.He was upset because the final warning did not have an expiry date.The labour consultant explained him to that the choice was a criminal case or he could retain his work.When it came to signing the letter, he was unhappy because his shocking defence was that all the Government officials who get caught stealing are not prosecuted so why were we making a big deal about him.The perpetrator claimed in his defence that it is human error to steal sometimes and after I explained the implications to him, he said he would be better off to resign and he will go to the labour department and find out what he is entitled to as he has been in my employ for five years.He basically feels that we cannot have a working relationship if he is not allowed to steal from time to time.I feel very sorry for the workforce of Namibia who have been duped into believing that they can do whatever they want without fear of reprisal.This man will never get another well-paid job, as he has no qualifications, but he believes that work is not difficult to find and as he was earning N$2 000 per month, his next employer will have to better the offer.It is about time that something gets done about the situation.I have appeared in court for more than four labour cases and each and every one, I have won.It is a time-consuming process and as I fortunately work in the evening, I am in a position to attend court proceedings.I pity the companies that operate during normal hours and therefore have judgments granted against them to pay some undeserving person a few thousand dollars, because it is still cheaper than wasting time in court.This is why so many cases are won by the employee that when given the facts, stand no chance of winning.People are suffering because they are lied to and they do not understand the basics of employment.Alas, there is a solution.The labour department should run a course for the workforce starting with their employees to inform them of the rights and wrongs and those who attend should be given some sort of work ethic diploma which would make them more eligible for a job as opposed to a person without it.The workforce has been lied to long enough and now is the time for action.It will not only save employees time and money, but will relieve the backlog of labour cases that are generally a waste of the court’s time.People are misinformed and are taking action on a discussion sometimes overheard in a tavern or bar and armed with this layman’s guide to the law they are taking decisions which affect them and their families.Any person seeking employment from me in the future will require a police clearance as well as references and work experience.I am not the bad guy.The workforce forgets that it is a two-way street and the Constitution protects the rights of the employer as much as the employee. Tired employer.Via e-mail Note: Name and address provided – Ed