Windhoek
Prime Minister Saara Kuugongelwa-Amadhila says employer and employee relations are governed by the Labour Act, which lays down minimum conditions of service and allows an employer and employee to enter into a contract of employment.
“Once signed and entered into, the contract of employment becomes the primary legal tool that governs the employer and employee relationship,” said the prime minister, who made reference to the Labour Act No. 11 of 2007.
Kuugongelwa-Amadhila was responding to questions posed by DTA leader, McHenry Venaani, on the alleged irregular suspension and dismissal of chief executive officers of public enterprises without due process, which has allegedly become common practice.
“I was informed that the former executive director of Nipam, Professor Joseph Diescho, had entered into and signed a valid contract of employment with the governing council of Nipam,” said Kuugongelwa-Amadhila.
“By collective resolution of the governing council passed on December 3 last year Diescho was in terms of the termination clause of the contract of employment that existed between him and Nipam, offered and accepted cordial and mutual termination of the employment relationship,” explained the prime minister yesterday.
“In accordance with the termination clause of the contract of employment,
all terminal benefits were paid into the personal bank account of Professor Diescho on December 8, 2015,” she said.
She added: “As the former minister responsible for finance, I know that surely every employee is obliged to pay what is due and payable to the Receiver of Revenue.”
Further citing the Labour Act, she said that it provides for conciliation and arbitration for any person who is aggrieved by a decision of their employer “to lodge a complaint with the Office of the Labour Commissioner”.
“In addition to the structure provided for under the Labour Act, 2007, the Constitution of the Republic of Namibia creates the judiciary. Aggrieved employees have access to the courts,” said Kuugongelwa-Amadhila.
She said Nipam had entered into a performance agreement with Diescho. Under his leadership, management failed to produce institutional performance reports for the year ending March 31, 2014, highlighted Kuugongelwa-Amadhila. Also, Nipam employees last received performance bonuses on March 31, 2013.
“On March 31, 2015, the Training and Development Board of Nipam referred back to management the institutional performance report for the year ending March 31, 2015 and the Mid-Term Review Report.
“To date, these crucial reports remain pending,” she added. She said that council on various occasions required Diescho to furnish it with his performance appraisal. On various occasions, the committees of the council and the council rejected and referred back the purported performance reports submitted by the former executive director, she further pointed out. “After a long wait without a performance report that corresponds to the targets and key performance areas spelled out in the annual business and financial plans, the council authorised the former executive director to obtain services of an external human resource expert to produce a performance report. Even in this instance, the performance report produced was of no consequence to the institutional targets of Nipam,” said Kuugongelwa-Amadhila.
Furthermore, she said that Nipam under the leadership of Diescho failed to produce for approval and submission by the council to the prime minister the 2016/2017 business and financial plan, even though this should have been done at least three months ago.
On Diescho’s stay in the Eros government house, she said there were clear conditions he had to abide by which included paying rent, and that municipal accounts were for the personal account of Diescho.
“On August 19, 2014, six months after Diescho ought to have vacated the house, notice of expiry of temporary allocation of the house and request to vacate the house were provided, with September 30, 2014 as the vacation date.
“Despite the notice to vacate, Diescho remained in the house for the duration of November 1 until today. Both rental and municipal accounts remained unpaid,” she said. She also stated that it is unfounded and highly assumptious to conclude that Diescho’s continued stay in the government owned house triggered the ‘mutual and cordial’ termination of his employment relationship with Nipam.
“The office of the prime minister is not aware of senior government officials who have failed to pay municipal bills,” said Kuugongelwa-Amadhila.