Mass action against Swakop Uranium
Swakop Uranium is facing a N$53-million lawsuit for what workers claim is unpaid overtime.
Swakop Uranium is being dragged to court by 706 of its workers in two different matters, with claims totalling more than N$53 million.
Yesterday, at a case planning conference in the High Court before Judge Shafimana Ueitele, the parties announced that the two claims would be consolidated into one case.
The matter will heard again with a joint case management report by 4 March 2019.
In their particulars, the workers say they were employed in continuous operations. On the first shift, they worked seven days on and one day off; on the second shift seven days on and one day off; and on the third shift, seven days on and five days off.
“In each shift, the plaintiffs worked 56 hours per week resulting in overtime of 11 hours per week, in excess of the ordinary hours in terms of the Labour Act,” they state in their claim.
They say the hourly rate to calculate the overtime payments was the basic salary divided by 21.67, which was further divided by eight hours, the number ordinarily worked daily. Furthermore, they say, the overtime for each month was paid on the 26th day of the following month.
The workers say that from March 2015 to September 2016, they were not paid any overtime.
In the one matter, 229 workers are claiming N$11 229 268.97 and in the other matter, 477 workers are claiming N$42 474 705.93. Both claims ask for costs and 20% interest per year.
Swakop Uranium, through its counsel Gabriel Köpplinger of Köpplinger Boltman, filed a notice of intention to defend in both matters but has not yet filed a plea or counterclaim. The two cases will now be consolidated, which application must be filed by 23 January next year.
Jefta Tjitemisa of Tjitemisa and Associates appears on behalf of the workers.
YANNA SMITH
Yesterday, at a case planning conference in the High Court before Judge Shafimana Ueitele, the parties announced that the two claims would be consolidated into one case.
The matter will heard again with a joint case management report by 4 March 2019.
In their particulars, the workers say they were employed in continuous operations. On the first shift, they worked seven days on and one day off; on the second shift seven days on and one day off; and on the third shift, seven days on and five days off.
“In each shift, the plaintiffs worked 56 hours per week resulting in overtime of 11 hours per week, in excess of the ordinary hours in terms of the Labour Act,” they state in their claim.
They say the hourly rate to calculate the overtime payments was the basic salary divided by 21.67, which was further divided by eight hours, the number ordinarily worked daily. Furthermore, they say, the overtime for each month was paid on the 26th day of the following month.
The workers say that from March 2015 to September 2016, they were not paid any overtime.
In the one matter, 229 workers are claiming N$11 229 268.97 and in the other matter, 477 workers are claiming N$42 474 705.93. Both claims ask for costs and 20% interest per year.
Swakop Uranium, through its counsel Gabriel Köpplinger of Köpplinger Boltman, filed a notice of intention to defend in both matters but has not yet filed a plea or counterclaim. The two cases will now be consolidated, which application must be filed by 23 January next year.
Jefta Tjitemisa of Tjitemisa and Associates appears on behalf of the workers.
YANNA SMITH
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