Africa-Press – Namibia. A TOTAL of 612 employees have been cast into unemployment hell according to Metcalfe Beukes attorneys after their contracts were allegedly illegally terminated by the Namibia Fishing Industries & Fisherman Workers Union (NFI&FWU).
Metcalfe Beukes attorneys representing the companies from which the fisherman resigned through the union claimed that the workers were not aware that their contracts was ended by the union with the companies and claimed that as such, this equates to fraud.
They act on the instructions of Hodago Fishing (Pty) Ltd; Kuiseb Fishing (Pty) Ltd; Cavema Fishing (Pty) Ltd; Camoposatu Investments (Pty) Ltd; and Vernier Investments (Pty) Ltd.
“Each of our clients entered into Designation Agreements with the Ministry of Fisheries and Marine Resources, the Ministry of Labour, Industrial Relations and Employment Creation for the creation of employment for fishing industry employees who had been dismissed consequent to an illegal strike in 2015 and who designated themselves the Okapare Ex Striking Fishermen. Some of these fishing industry employees included specified Namsov retrenched employees,” Metcalfe Beukes attorneys wrote in a letter to the Ministry of Fisheries, the Namibian police and several other entities.
The law firm noted that the agreements signed with the fishing companies were concluded for 2020 and 2021 and are valid only for a period of 12 months, and that employees were employed by their clients on fixed term contracts with a clear provision of one month’s notice of termination of employment on resignation of any such employee.
In 29 August 2022, a notice of resignation from companies mention above were received from the fishing union representatives Godfried Kuhanga purporting to act as Chairperson Okapare Ex Striking Fishermen and Fillipus Shimwooshili purporting to act as Chairperson of Shop-stewards.
The unions requested that the quotas given to the above mentioned companies be given back to the Ministry of Fisheries and Marine resources to allocate to new companies that can provide the fisherman with jobs.
The Chairperson Okapare Ex Striking Fishermen summarily and immediately terminated the employment of 389 employees and the Chairperson of Shop- Stewards summarily and immediately terminated the employment of 223 employees. This is an astounding 612 employees who allegedly terminated their employment with our clients.
“The effect thereof is that such employees all owe our clients one-month salary in lieu of their failure to provide 30 days’ notice of termination of their employment. Simply put these employees are no longer employed by our clients and you no longer represent persons not employed by our clients,” Metcalfe Beukes attorneys wrote.
The law firm further charged that the union has cast the 612 fishermen into an unemployment hell as some of these Union members have approached the companies to advise that the signatures appearing on the resignation letters were not theirs and that they have not resigned.
“This is a misrepresentation by Shimwooshili and Kuhangu which has caused prejudice and/or potential prejudice to the former employees and/or our clients which amounts to the criminal offence of fraud,” Metcalfe Beukes attorneys said.
The letter further indicated that this fraud will be reported to the Namibian Police and will be pursued to prosecution.
Meanwhile, each and every employee who avers that it is not his/her signature will retain their employment on condition that a sworn affidavit in respect of such fraud is provided to the Namibian Police.
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