The Namibia Institute of Mining and Technology (NIMT) has been ordered to fork out N$812 000 to a worker the institute unfairly dismissed last year, as the labour court ruled in favour of the worker who should also be reinstated.
The ruling was made an order of the Labour Court on Wednesday in Tsumeb by arbitrator Alexina Matengu, who in her ruling said that Mathius Jason’s dismissal was both procedurally and substantively unfair. She also ruled Jason should be reinstated immediately on or before 1 July at Tsumeb where he had been working for NIMT.
According to the ruling, Jason lost income for 10 months, from September 2019 until June 2020. NIMT is liable to him for loss of income and all other benefits that he would have earned had he not been unfairly dismissed.
“This should be paid on or before 25 July 2020 and proof of payment must be served at the Office of the Labour Commissioner in Tsumeb,” she ruled. Matengu also ordered Jason be reinstated into the position that he occupied prior to his dismissal with the same terms and conditions of employment. She pointed out in her ruling that NIMT did not notify Jason on time nor did they gave him sufficient time to prepare for the hearing that led to his dismissal last year.
The arbitrator also explained that evidence to substantiate the charges must have been led in his presence and that the official who chaired the hearing should have been unbiased and impartial during the entire proceedings.
-edeklerk@nepc.com.na