Tjombonde takes NIP contract row to labour office

Former Namibia Institute of Pathology (NIP) chief executive Kapena Tjombonde has referred a dispute over the expiry of her five-year contract to the Office of the Labour Commissioner.

The matter was heard on Monday last week and is understood to centre on whether NIP complied with contractual provisions governing the possible renewal or termination of her contract, including a clause referring to written notice six months before expiry.

Tjombonde’s contract expired on 31 January. The labour commissioner has not determined the dispute.

It remains unclear whether Tjombonde wants reinstatement, compensation linked to the disputed notice period or another form of relief.

The health ministry confirmed that Tjombonde had initiated proceedings before the labour commissioner but declined to discuss details of the dispute.

“Contractual matters between the employer and employee are confidential and are dealt with in terms of contractual terms and governance frameworks of the institution. The ministry, therefore, cannot comment on the specific aspects of this matter at this stage,” it said.

The ministry also declined to say whether the dispute had played a role in the appointment of a substantive CEO.

NIP chief strategy and business development officer Niita Evaristus said recruitment was underway but did not say at what stage the process is or when it would be concluded.

“The NIP’s board of directors remain committed to ensuring the unhindered operations of the NIP,” she said.

Board chairperson Anselma Haushiku endorsed the institution’s response.

“I looked at the questions you sent, and that is the NIP’s position,” Haushiku said.

Contract provisions

Tjombonde took on the role of chief executive on 1 February 2021.

After her contract expired earlier this year, chief operating officer Vincent Nowaseb was appointed acting CEO.

Seven months later, NIP continues to operate without a substantive CEO, while no public advertisement inviting applications for the position has been issued.

Clause 3.2 of Tjombonde's contract, seen by Namibian Sun, states her tenure would “endure for a period of five years from the commencement until 31 January 2026”, unless terminated earlier under its other provisions.

The contract was signed on 23 February 2021 but took effect from 1 February.

The agreement did not guarantee Tjombonde another term. It gave the board discretion to renew the contract after considering her performance and in agreement with the health minister.

“… In concurrence of the minister, the board may exercise its discretion based on the performance evaluation of the chief executive officer duties and decide to either renegotiate or extend or renew the agreement on the terms and conditions to be agreed upon by the parties,” clause 3.3 reads.

Clause 3.5 addresses the position if renewal was not granted.

“Should this renewal not be granted, this contract shall terminate automatically by a written notice six months prior [to] the termination date,” it states.

Based on the 31 January expiry date, notice issued six months beforehand would ordinarily have been provided by the end of July 2025. The labour process may need to determine the clause's interpretation and legal effect.

Tjombonde did not respond to questions sent to her.

Positive feedback

An internal NIP document seen by Namibian Sun shows that Tjombonde received a positive performance assessment early in her tenure and was paid a performance bonus of N$465 828.

The document says she formulated an annual business plan for 2021/22, which informed a performance agreement signed with the then-board chairperson in June 2021.

“The CEO’s first performance assessment was conducted by the full board on 1 August 2021, at expiration of the CEO’s probation period, which informed her confirmation as CEO,” the submission reads.

Another appraisal was conducted in May 2022, resulting in a rating of 3 502. A board resolution dated 14 July 2022 approved a performance bonus equivalent to 35% of Tjombonde’s total cost-to-company package.

The records relate only to the early part of her tenure and do not establish how the board assessed her performance during the remainder of her contract.