Union rep claims mine dismissed him unfairly

A FORMER employee of the Ongopolo Mining and Processing is threatening to sue the former Tsumeb Corporation, claiming unfair dismissal.Sawab’s complaints but commented that the company seemed to have followed proper procedures.

On January 28, Ongopolo Mining and Processing General Manager Hans Louw told Jan Sawab that the company had terminated his services for disclosing confidential information about the company to outsiders, as well as for disobedience and insubordination. In early December, Managing Director, Andre Neethling, had told Sawab he was being transferred from Ongopolo’s Kombat Operations division – where he worked as a buyer – to Tsumeb Operations.Sawab refused, saying that, under the Labour Act, a worker had the right to be consulted before any transfer, which he said was not done in his case.Sawab, who was the Kombat branch representative for the Mineworkers’ Union of Namibia (MUN), said he did not know why the company had decided to transfer him.Six days after being informed of the transfer, Sawab wrote to Neethling, rejecting the move on the grounds that it was unfair.In the letter, he stated: “I am waiting to be touched. I cannot eat something which is poisoned”.A copy of the letter is in the possession of The Namibian.Sawab says he has sent copies to the Labour Commissioner, the Ministry of Labour, Ongopolo’s Kombat Mine General Manager; and the Employment Equity Commissioner.Sawab said he could not understand why he should be transferred to the Tsumeb Engineering workshop, which was currently performing badly and failing to achieve its productivity target of N$250 000 a month.On January 26, the company held a disciplinary hearing which found Sawab guilty on three counts: contravening a confidentiality agreement, disobedience and insubordination – and advised him that he had the right to dispute these findings.The company claims that Sawab, in talking of a productivity shortfall, disclosed information about its financial position and strategy with regard to the Tsumeb plant.As for disobedience, Ongopolo says Sawab refused a lawful instruction to transfer to Tsumeb Operations.Thirdly, the company accuses him of showing disrespect in the previously quoted statement that refers to eating ‘something which is poisoned’.Sawab claimed to The Namibian that the transfer was Ongopolo’s way of getting rid of him, as he had always spoken out against alleged unfair management practices.”I am now contacting my lawyers to deal with this matter,” he told The Namibian.Louw told The Namibian earlier this week that Sawab’s dismissal had nothing to do with his union leadership position.”He leaked out confidential information and he admitted it. We have signed confidence forms in the company. He has got a very poor case”.The union appears to be distancing itself from Sawab.MUN Secretary General Joseph Hengari said the union knew of Sawab’s complaints but commented that the company seemed to have followed proper procedures.In early December, Managing Director, Andre Neethling, had told Sawab he was being transferred from Ongopolo’s Kombat Operations division – where he worked as a buyer – to Tsumeb Operations. Sawab refused, saying that, under the Labour Act, a worker had the right to be consulted before any transfer, which he said was not done in his case. Sawab, who was the Kombat branch representative for the Mineworkers’ Union of Namibia (MUN), said he did not know why the company had decided to transfer him. Six days after being informed of the transfer, Sawab wrote to Neethling, rejecting the move on the grounds that it was unfair. In the letter, he stated: “I am waiting to be touched. I cannot eat something which is poisoned”. A copy of the letter is in the possession of The Namibian. Sawab says he has sent copies to the Labour Commissioner, the Ministry of Labour, Ongopolo’s Kombat Mine General Manager; and the Employment Equity Commissioner. Sawab said he could not understand why he should be transferred to the Tsumeb Engineering workshop, which was currently performing badly and failing to achieve its productivity target of N$250 000 a month. On January 26, the company held a disciplinary hearing which found Sawab guilty on three counts: contravening a confidentiality agreement, disobedience and insubordination – and advised him that he had the right to dispute these findings. The company claims that Sawab, in talking of a productivity shortfall, disclosed information about its financial position and strategy with regard to the Tsumeb plant. As for disobedience, Ongopolo says Sawab refused a lawful instruction to transfer to Tsumeb Operations. Thirdly, the company accuses him of showing disrespect in the previously quoted statement that refers to eating ‘something which is poisoned’. Sawab claimed to The Namibian that the transfer was Ongopolo’s way of getting rid of him, as he had always spoken out against alleged unfair management practices. “I am now contacting my lawyers to deal with this matter,” he told The Namibian. Louw told The Namibian earlier this week that Sawab’s dismissal had nothing to do with his union leadership position. “He leaked out confidential information and he admitted it. We have signed confidence forms in the company. He has got a very poor case”. The union appears to be distancing itself from Sawab. MUN Secretary General Joseph Hengari said the union knew of Sawab’s complaints but commented that the company seemed to have followed proper procedures.