Worker wins unfair dismissal case




A Ugandan national who owns Ondangwa Ambulance Services Dr Jerry Lwande landed himself in hot water with the Labour Commission after he unfairly dismissed a partner in April last year and subsequently failed to pay the applicant as ordered by the commission.

In an arbitration attended by the applicant Joseph Auala (who was unfairly dismissed), Dr Lwande and the Labour Commission it was ruled that the medical doctor should compensate and reinstate Auala.

According to the arbitration award issued on February 16, Lwande was oredred to pay the applicant N$13 500 for nine months from May 2015 to January 2016.

The notice signed by arbitrator Philip Mwandingi also indicated that Lwande was ordered to reinstate the applicant in the position he occupied prior to him being unfairly dismissed with all terms and benefits which were applicable to him before he was dismissed, remaining unchanged as if he was never dismissed with effect from February 1, 2016.

Furthermore, Lwande was also supposed to pay N$10 404 arrears medical aid benefits, which is N$3 468 for three months.

All those payments were supposed to be paid to Auala in cash or cheque made out in his name not later than March 30 2015.

Auala said nothing had been paid to him.

According to the notice, applicant Auala was unfairly dismissed ‘for misappropriating company’ funds because there was no evidence.

Auala was dismissed last April when Lwande changed locks of the offices to deny him access to its premises and stopped payment of his salary.

However, the notice showed that in terms of section 33 of the Labour Act, the dismissal remained unfair unless the respondent proved to the contrary, which Lwande had failed to do.

The eloquent doctor was ordered to deliver the said payment to the Ondangwa Regional Labour Office not later than March 30 2016.

Approached for comment, Lwande told New Era he does not discuss his issues with journalists and had no comment to make.





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