The Rehoboth Town Council emerged victorious yesterday when the Windhoek High Court set aside the N$1 million compensation the arbitrator had awarded its former chief executive officer, Christoph
/Uirab.

On 15 September 2022, the arbitrator ordered the town council to pay /Uirab N$219 110 worth four months’ salary, N$161 856 for leave gratuity,
N$102 967.90 for pro rata bonus, and N$536 726.86 for motor-vehicle loss.

The arbitrator also ordered the town council to pay N$102 967.90 on the arrears /Uirab accumulated on his NHE house payments.

The arbitrator further ordered that a total of N$1 031 336.37 be paid to
/Uirab on or before 15 October 2022.

The arbitrator noted that /Uirab was not treated fairly when he tendered his resignation on 28 June 2018, giving five months’ notice. His last day at work would have been on 23 November 2018. /Uirab was appointed on 1 February 2016 as CEO on a five-year renewable contract.

 However, yesterday, judge Kobus Miller said with the evidence at hand, /Uirab took unauthorised leave for several periods.  

“I find that the respondent (/Uirab) is not entitled to damages in lieu of the notice of termination. I find that no reasonable arbitrator, faced with the same evidence, would have reasonably arrived at the same conclusions, and his findings stand to be set aside,” said the judge.

On the compensation given for the loss of his Amarok 2013 model vehicle and arrears on the NHE home payment, the court did not make a determination,nas /Uirab conceded.

/Uirab took the town council to the Labour Commissioner after it refused his five-month resignation notice and opted that he makes use of the one-month notice. He claimed that his former employer unlawfully deducted annual and sick leave days from his remuneration.

-mamakali@nepc.com.na