TransNamib Defies Labour Court

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By Kuvee Kangueehi WINDHOEK The lawyers of Ehrenfried ‘Tjivi’ Ndjoonduezu yesterday filed an urgent application with the District Labour Court of Windhoek after TransNamib turned away Ndjoonduezu yesterday despite the same labour court instructing the parastal to reinstate the former manager with immediate effect. In his ruling on Monday, the Chairperson of the Labour Court Uaatjo Uanivi ordered that Ndjoonduezu be re-instated as manager as he had been dismissed unfairly from the position he had originally accepted under protest. However, when Ndjoonduezu reported to office yesterday morning as per court order he was told to leave the premises of TransNamib. Ndjoonduezu said: “When I reported for work on 9 May as I was reinstated with immediate effect, I approached Weber, the manager of personnel administration but I was told to go see the legal advisor, Silas Kishi Shakumu.” Ndjoonduezu said that Shakumu told him “in no uncertain terms that Trans-Namib has no dealings with him and he should leave the premises of the company”. Ndjoonduezu’s lawyer Jefta Tjitemisa said that TransNamib is clearly in contempt of court in refusing to re-instate his client and in failing to make the payments which are due to his client. He noted that by the end of yesterday none of the payments due to his client were made. The court on Monday ordered TransNamib to pay Ndjoonduezu N$ 95 000 as re-imbursement of his study fees for an MBA course in terms of the agreement concluded between the manager and TransNamib. Trans-Namib was also ordered to pay Ndjoonduezu his salary for three months in compensation of losses which might have been occasioned as a result of the unfair dismissal, in full and final settlement of the dispute. Uanivi as the chairperson of the District Labour Court further ordered that the payments be effected without failure at the offices of Ndjoonduezu’s lawyers by Monday afternoon. Ndjoonduezu further noted that he is in the process of losing his assets, as he is heavily indebted and already lost his home as a result of the dismissal, as he could not afford to repay the loan he obtained to buy the house. ” Currently I am living with extended family members and this negatively affects my immediate family as they were used to staying in their own house.” The former manager of TransNamib added that one of his kids was dismissed from school as he could not afford school fees. ” I applied for employment at different places but was unsuccessful as a result of the fact that TransNamib gave information to the media that I am lazy and useless and this I was told verbally by almost all potential employers I applied to.” Lawyer Tjitemisa added that he does not believe that TransNamib appealed the decision because he was not served with any papers. Attempts to get comment from both the TransNamib CEO and Shakumu proved fruitless while the chairperson of the TransNamib Board Foibe Jacobs said she had no comment on the issue. Jacobs who is employed with NamPower said she was too busy these days because the company has a new CEO and that she has not acquainted herself with the matter at TransNamib and would only find time after two weeks,