NBC in bid to stop nearly N$300 000 payout to ex-employee

The Namibia Broadcasting Corporation (NBC) has filed an urgent application in the High Court seeking to halt payment of about N$295,000 awarded to former employee Johannes Gaseb following his successful unfair dismissal claim.

NBC is asking the court to stop enforcement of the award while it seeks to offset the amount against alleged debts it claims are owed by Gaseb.

In response, Gaseb has filed a notice of intention to oppose the urgent application, signalling that the broadcaster’s request will be challenged in court. He maintains that the labour ruling in his favour has already been made an order of court and should therefore be enforced.

Gaseb further claims NBC is attempting to delay payment through additional legal action. He informed the court that he is currently unemployed and has approached the legal aid directorate for representation, requesting additional time to file his full answering papers while awaiting legal assistance.

Unfair dismissal 

Speaking to Namibian Sun last week, Gaseb explained that he worked at NBC for about 15 years before he was dismissed following the 2021 NBC strike. 

 He said he was the only employee dismissed after the industrial action.

“I challenged the dismissal at the labour commissioner and eventually won the case, with the dismissal ruled unfair. Instead of reinstatement, I was awarded compensation equal to 13 months’ salary”. 

However, Gaseb claims his financial troubles began after NBC informed Standard Bank that he was no longer employed and requested that money linked to a housing loan collateral arrangement be recovered from his pension payout.

According to Gaseb, this delayed access to his pension money until the Namibia Financial Institutions Supervisory Authority (Namfisa) ruled that NBC could not deduct money from his pension.

He alleges NBC later paid money directly to the bank under its earlier commitment and then attempted to recover the amount from him.

“That money was never paid to me. It was paid to the bank,” he said.
After winning his labour case, Gaseb said NBC failed to pay the compensation within the required period or appeal the ruling. 

He then registered the award as a court order and enforcement steps were taken through the labour commissioner and the High Court.

He believes NBC only approached the court urgently after the sheriff moved to enforce payment.
“Instead of paying, they rushed to court to stop the process,” he said.
Gaseb said he has since applied for legal aid representation as he is currently unemployed and cannot afford private legal services.
“I can’t fight a big company in the High Court without a lawyer. I’m not refusing to pay what is fair, but they want to take everything,” he said.