Man ordered to pay N$230 000 to former employee
Court affirms dignity rights in workplace
A woman has won a civil claim in which she had accused her former boss of forcing her to leave her workplace covered only in a piece of fabric.
A Windhoek High Court judge has ordered Chinese businessman Li Bailong to pay N$230 000 in damages to former employee Itakeya Ruth George, after finding that he subjected her to cruel and degrading treatment in violation of her personal dignity.
The case stemmed from a November 2021 incident at Li’s shop in Windhoek’s Chinatown, when George was abruptly dismissed from her job.
According to court documents, instead of being allowed to leave with dignity after her dismissal, Li ordered George, who had no other clothing at hand, to remove her uniform on the spot.
To cover herself, she said she was forced to choose between a cardboard box or a piece of fabric.
The dismissal, carried out in public view, left George exposed and humiliated, her lawsuit noted.
She testified that after initially being told to cover herself with a cardboard box, her employer then offered her a piece of fabric.
The judgment noted that George had testified that she undressed herself in “full view of other staff members, clients and passersby and in full view of [her employer]... and covered herself in a piece of fabric.”
She then left the premises.
Her legal team argued that the manner of termination violated her constitutional rights to dignity and protection against cruel, inhuman and degrading treatment.
Dangerous precedent
George, represented by legal practitioner Wilbard Kagola of HS Law, instituted civil action against Li, seeking constitutional damages. Kagola submitted that the employer’s conduct caused not only emotional and psychological harm but also set a dangerous precedent if left unchecked.
On 22 August, High Court judge Thomas Masuku delivered judgment, ruling in George’s favour.
“Li Bailong is ordered to pay N$230 000 in constitutional damages for the violation of dignity and for subjecting [George] to cruel, inhuman, and degrading treatment,” the ruling stated.
The court further ordered Li to cover George’s legal costs. His counterclaim of defamation against her was dismissed.
In a letter to George following the ruling, HS Law emphasised that the outcome reaffirmed the fundamental importance of dignity in employment. “The case is a clear affirmation of the constitutional protection against degrading treatment in the workplace,” Kagola said.
The case stemmed from a November 2021 incident at Li’s shop in Windhoek’s Chinatown, when George was abruptly dismissed from her job.
According to court documents, instead of being allowed to leave with dignity after her dismissal, Li ordered George, who had no other clothing at hand, to remove her uniform on the spot.
To cover herself, she said she was forced to choose between a cardboard box or a piece of fabric.
The dismissal, carried out in public view, left George exposed and humiliated, her lawsuit noted.
She testified that after initially being told to cover herself with a cardboard box, her employer then offered her a piece of fabric.
The judgment noted that George had testified that she undressed herself in “full view of other staff members, clients and passersby and in full view of [her employer]... and covered herself in a piece of fabric.”
She then left the premises.
Her legal team argued that the manner of termination violated her constitutional rights to dignity and protection against cruel, inhuman and degrading treatment.
Dangerous precedent
George, represented by legal practitioner Wilbard Kagola of HS Law, instituted civil action against Li, seeking constitutional damages. Kagola submitted that the employer’s conduct caused not only emotional and psychological harm but also set a dangerous precedent if left unchecked.
On 22 August, High Court judge Thomas Masuku delivered judgment, ruling in George’s favour.
“Li Bailong is ordered to pay N$230 000 in constitutional damages for the violation of dignity and for subjecting [George] to cruel, inhuman, and degrading treatment,” the ruling stated.
The court further ordered Li to cover George’s legal costs. His counterclaim of defamation against her was dismissed.
In a letter to George following the ruling, HS Law emphasised that the outcome reaffirmed the fundamental importance of dignity in employment. “The case is a clear affirmation of the constitutional protection against degrading treatment in the workplace,” Kagola said.
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