LÜDERITZ TOWN COUNCIL

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Query: Lüderitz Town Council management, stop targeting Nanlo union members in the council, while Napwu members are allowed to campaign for members they have lost. This campaigning is conducted during working hours. They are leaving their respective workplaces to campaign for membership. Council, stop the bias.

Query: I would like to appeal to the management of the Lüderitz Town Council to stop fearing us Nanlo members at the council. We are only human and not wild animals.

Response: Lüderitz Town Council’s Personnel Rules and the Labour Act of 2007 are clear about the issue of access to the premises of the employer (Lüderitz Town Council). Section 65 (1) (a-b) of the Namibian Labour Act stipulates that the employer (LTC) must not unreasonably refuse access to the employer’s premises to an authorised representative of a trade union that is recognised as an exclusive bargaining agent under Section 64, which stipulates that a recognised union may access an employer’s premises:

During working hours – to recruit members or to perform any union functions in terms of a collective agreement, the union’s constitution or the Labour Act outside of working hours; and
Outside of working hours, to hold meetings with members.

Council’s management was never biased towards NANLO, but only advise its members to adhere to the stipulations of the Lüderitz Town Council’s Personnel Rules and the Labour Act, which clearly specifies under Section 65 (2) (a-c) that only a recognised registered trade union is to be granted access to the employer’s premises, outside of working hours:

to recruit members;
to hold a meeting with members;
to perform any union functions in terms of a collective agreement, the union’s constitution or the Labour Act outside of working hours.

Being the legitimate bargaining unit for Lüderitz Town Council employees, cemented by a recognition agreement with Council, Napwu workplace representatives always seek permission to conduct their activities, contrary to the federation (Nanlo).

For as long as Napwu holds the majority members as representative union, they shall have the right to freely exercise those rights as enshrined under Section 65 (1) (a) of the Namibian Labour Act.
It should be noted that Council management does not fear nor victimise Nanlo members, but is simply cautious of the conduct of the said federation in intimidating and threatening fellow employees not associated with Nanlo during working hours on council premises.

It is thus the duty of Council to ensure that employees do not make themselves guilty of unruly behaviour in the name of their respective union or federation, such as Nanlo.
Hence, Council once again requests the federation (Nanlo) to follow the rightful procedures, as stipulated in the Labour Act and to avoid the intentional and unlawful breach of the standing procedures of Lüderitz Town Council’s Personnel Rules and the Labour Act.

Lastly, Council wishes to advise the complainant to in future use the standing grievance procedures.
Johanna Ileka, public relations officer, Lüderitz Town Council, E-mail: msjoileka@gmail.com

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