Unfair dismissal costs TransNamib

TRANSNAMIB on Friday paid one of its fired senior managers N$644 000 in an out-of-court settlement.

It is in addition to N$95 000 the transport parastatal paid to Erenfried ‘Tjivi’ Ndjoonduezu earlier. TransNamib unfairly fired Ndjoonduezu in December 2004 for alleged absenteeism, disobedience and poor time management.However, the District Labour Court ordered Trans­Namib in May last year to reinstate Ndjoonduezu as the company’s Chief Executive Officer John Shaetonhodi acted “grossly unfairly” and outside his authority to trump up charges against Ndjoonduezu and dismiss him because he refused to distance himself from newspaper articles that alleged a witch-hunt against several senior managers.Magistrate Uaatjo Uanivi ordered Ndjoonduezu’s immediate reinstatement and told the company to pay him N$19 839,96, which had been deducted from his salary.TransNamib was also ordered to pay him three months’ salary for losses incurred as a result of the unfair dismissal, and to refund him N$95 500 he spent on his studies towards a master’s degree.Uanivi said any subsequent disciplinary hearing on the same charges within the next six months would be regarded as “unfair and unjustifiable”.Ndjoonduezu, together with fellow former senior managers Godhard !Howaeb and Moses Mbai, were dismissed after reports appeared in The Namibian that their jobs had been taken over by friends of Shaetonhodi and former Human Resource General Manager Jason Hamunyela while they were assigned to another project, called the Tanaura Project.When their work on the project was done, they returned but were told that their positions had been made redundant.They were soon disciplined for absenteeism and dismissed.The fourth manager, Bernhardt !Gaeb, resigned before he could be dismissed.They have all taken the parastatal to court.Earlier TransNamib paid N$470 000 to !Howaeb as the two sides also settled out of court while Mbai was taken back into the employ of the company.!Gaeb’s case was still pending as the company is appealing the Labour Court’s judgement that he also be paid N$468 200 for being forced out of the company.The payment to Ndjoonduezu brought their relationship to an end.He was not interested in going back to the company after the treatment he received.”Justice has been done though it took long for the law to come to the rescue of my client,” said Ndjoonduezu’s lawyer Jeff Tjitemisa.He also represents !Gaeb and expressed confidence that it was “only a matter of time” before his case would be concluded.TransNamib has now paid around N$1,3 million to two former managers for wrongful dismissals while !Gaeb’s case could push the amount to N$2 million.Magistrate Uanivi earlier said TransNamib CEO Shaetonhodi had conducted himself in “a very disappointing style” when dealing with Ndjoonduezu’s case.”CEOs of Government parastatals should avoid taking parastatals as their own businesses.The dismissal cannot be left to stand as is,” Uanivi said.Shaetonhodi is serving out his last month at Trans­Namib after the Board of Directors indicated that they would not renew his contract.TransNamib unfairly fired Ndjoonduezu in December 2004 for alleged absenteeism, disobedience and poor time management.However, the District Labour Court ordered Trans­Namib in May last year to reinstate Ndjoonduezu as the company’s Chief Executive Officer John Shaetonhodi acted “grossly unfairly” and outside his authority to trump up charges against Ndjoonduezu and dismiss him because he refused to distance himself from newspaper articles that alleged a witch-hunt against several senior managers.Magistrate Uaatjo Uanivi ordered Ndjoonduezu’s immediate reinstatement and told the company to pay him N$19 839,96, which had been deducted from his salary. TransNamib was also ordered to pay him three months’ salary for losses incurred as a result of the unfair dismissal, and to refund him N$95 500 he spent on his studies towards a master’s degree.Uanivi said any subsequent disciplinary hearing on the same charges within the next six months would be regarded as “unfair and unjustifiable”.Ndjoonduezu, together with fellow former senior managers Godhard !Howaeb and Moses Mbai, were dismissed after reports appeared in The Namibian that their jobs had been taken over by friends of Shaetonhodi and former Human Resource General Manager Jason Hamunyela while they were assigned to another project, called the Tanaura Project.When their work on the project was done, they returned but were told that their positions had been made redundant.They were soon disciplined for absenteeism and dismissed.The fourth manager, Bernhardt !Gaeb, resigned before he could be dismissed.They have all taken the parastatal to court.Earlier TransNamib paid N$470 000 to !Howaeb as the two sides also settled out of court while Mbai was taken back into the employ of the company.!Gaeb’s case was still pending as the company is appealing the Labour Court’s judgement that he also be paid N$468 200 for being forced out of the company.The payment to Ndjoonduezu brought their relationship to an end.He was not interested in going back to the company after the treatment he received.”Justice has been done though it took long for the law to come to the rescue of my client,” said Ndjoonduezu’s lawyer Jeff Tjitemisa.He also represents !Gaeb and expressed confidence that it was “only a matter of time” before his case would be concluded.TransNamib has now paid around N$1,3 million to two former managers for wrongful dismissals while !Gaeb’s case could push the amount to N$2 million.Magistrate Uanivi earlier said TransNamib CEO Shaetonhodi had conducted himself in “a very disappointing style” when dealing with Ndjoonduezu’s case.”CEOs of Government parastatals should avoid taking parastatals as their own businesses.The dismissal cannot be left to stand as is,” Uanivi said.Shaetonhodi is serving out his last month at Trans­Namib after the Board of Directors indicated that they would not renew his contract.