Africa-Press – Namibia. THE Labour Court has dismissed the application by Air Namibia employees to hold the government liable for the payment of their severance packages.
Air Namibia employees took the government, Ministry of Public Enterprises, minister Leon Jooste, the Ministry of Finance, minister Iipumbu Shiimi as well as Air Namibia and the liquidators Bruni and McLaren to court in September 2021 because of delays in the payment of severance packages, notice payment and failure to obtain income tax directives.
Last year, the liquidators paid the employees an ex-gratia, which is a 12-month salary.
The government attorney Janseline Gawises, on behalf of the government, ministers and ministries, argued that there was no employment relationship between them and Air Namibia employees and that there is a lack of locus standi for it (government) to sue or be sued in the matter.
She further argued that because of the non-existent employment relationship, nothing warrants the government to pay the employees severance packages or any other amount. This is despite the two ministries having been part of the committee that made the liquidation recommendation to the Cabinet.
Gawises submitted that Air Namibia was liquidated on 24 February 2021 and currently has court-appointed liquidators who are by law responsible for settling the outstanding claims by Air Namibia.
It further argues that there was no termination of employment in terms of Section 34 of the Labour Act, which deals with dismissal arising from collective termination or redundancy.
Last year, the government launched an aggressive borrowing plan of over N$2 billion to settle liquidation decisions.
David Itana, the arbitrator at the Office of the Labour Commissioner, found that there was no employment relationship between the employees and the government in his analysis of the case.
This, he said, gives the labour commissioner no jurisdiction to decide on the issue, especially the severance package payments.
Itala ruled that the case against the liquidators and Air Namibia will proceed and a conciliation hearing is set for 24 February.
However, the former airline employees are not happy with the outcome of the ruling.
Through their spokesperson Renier Bougard they said they will meet next week to map out the way forward.
“We did receive part of the ruling of our case. We are not happy with the ruling and, therefore, we will have to study the document and see what option we have legally as a collective going forward. We have a committee that is addressing this issue and we are also in contact with all the former employees and they will guide us on the way forward,” he said.
For More News And Analysis About Namibia Follow Africa-Press
