Teacher awarded N$977 000 after ‘unfair’ dismissal

A former Noordgrens Secondary School teacher dismissed for allegedly striking a learner on the buttocks and for misconduct has successfully challenged his dismissal, with labour arbitrator Aldrin Munembo ruling on 15 March that the termination was procedurally unfair.

The arbitrator ordered that the school pay former teacher Hendrick Bronner just over N$977 000 in lost earnings and other accrued benefits, including severance pay.

Bronner, who had taught at the Rundu school since 2003, was dismissed in October 2022 following allegations that he struck a learner and over misconduct dating back to 2020.

The incident allegedly occurred in class when the learner, then in Grade 9, approached Bronner during a geography lesson. He allegedly struck her once on the back and once on the buttocks, according to evidence presented at a hearing.

Classmates supported the account at the disciplinary hearing, with the learner saying she was left distressed.

Bronner was issued a verbal warning in October 2020, valid for six months, and was removed from his position as volleyball coach. This warning was recorded and acknowledged by school authorities.

However, in August 2022, more than a year later, the education ministry formally charged Bronner on the same matter, leading to a disciplinary hearing on 20 October 2022 and his eventual dismissal.

Double jeopardy

Bronner appealed the dismissal to the Labour Commissioner’s Office, arguing that the disciplinary process was flawed.

According to Munembo’s arbitration ruling, “the actions of the respondent constituted unfair procedures and unfair labour practice as well as double jeopardy.”

Munembo noted that Bronner had previously been issued a verbal warning for the same incident, yet was charged again in 2022 on the same allegations without new evidence warranting fresh disciplinary action.

“The principle of double jeopardy, simply put, posits that it is unfair in the employment setting for an employee to be subjected to two different disciplinary actions in relation to the same transgression,” Munembo wrote.

The ruling also highlighted several procedural irregularities in how the disciplinary process was handled.

Munembo found that the disciplinary committee failed to allow full disclosure of the preliminary investigation report and did not ensure compliance with the Public Service Staff Rules.

The arbitrator pointed out that critical documents and the terms of reference were not adequately provided to Bronner or his representative before the hearing, limiting his ability to prepare his defence.

Munembo further noted that the disciplinary committee ignored preliminary concerns raised by Bronner’s legal team.

The arbitrator observed that the chairperson of the disciplinary hearing did not rule on key procedural issues when they were raised, further undermining the integrity of the process.

Munembo also criticised a two-year delay between the alleged incident and the hearing, ruling it fell short of a fair and timely process.

While evidence was presented to substantiate the allegations, including statements from the learner and witnesses, the arbitrator ruled that procedural flaws rendered the dismissal unfair.

Payment due this month

As per the ruling, Bronner is entitled to compensation in lieu of lost earnings, including salary arrears of N$27 877.24 per month from his dismissal to 25 March, totalling just over N$836 000.

He is also entitled to severance pay of one week's salary per year for his 22 years of service, amounting to over N$141 000. Government must also pay all outstanding pension contributions and accrued retirement benefits.

The total amount due to Bronner is N$977 858.69, which must be paid on or before 30 April.

The arbitrator acknowledged that reinstatement may no longer be feasible, as Bronner reached the retirement age of 60 in January.

“A period of three years has passed, which may lead to injustice to both the employer and the other person who may have been appointed in the applicant’s position,” Munembo stated.