Shoprite defies court order
Following a court order as far back as October last year, two staff members are still waiting for the company to adhere to the order of the High Court.
South African retail giant, Shoprite Checkers, has gone against the decision of the Oshakati High Court to reinstate two employees who were dismissed for tasting sausages meant for customers at its Ongwediva branch.
The company was ordered to reinstate two former employees, but has, to date, not done so.
The two former employees Haihambo Gabriel and Priskilla Mukongelwa were employed as a shop steward and front-end controller respectively, at the Shoprite Ongwediva branch.
They were dismissed on 28 October 2015 after they appeared before a disciplinary committee which found them guilty of tasting food – sausages - meant for customers.
In court documents seen by Namibian Sun, the two argued that they consumed the meat because the customers were complaining about a salty taste which they wanted to confirm as they were in supervisory positions.
The two were spotted tasting the product and it was on that basis they were taken to task.
The duo however took the matter up with the labour commissioner, a matter which was postponed on a series of occasions up until 27 October 2016, when the arbitrator ruled in favour of Shoprite, endorsing the dismissal of the two employees.
The two employees did not give up on the matter as they went on to appeal the decision of the disciplinary hearing committee and the ruling of the arbitrator in the Office of the Labour Commissioner in the Oshakati High Court which was heard on 7 April this year.
On 23 June Judge Maphios Cheda made his ruling in which he set aside the findings of the Shoprite disciplinary hearing committee and that of the labour commissioner's office.
The judge also ordered Shoprite to reinstate the appellants to their respective positions with effect from 19 October 2016 with full salaries and benefits.
However, thus far the two employees have not been reinstated and the period of 14 days granted to Shoprite to appeal the High Court ruling gave also lapsed.
When contacted for comment, Shoprite's human resources manager, Joel Kapingana who represented the company during the matter declined to comment on the issue saying that they do not discuss internal matters with the media.
Meanwhile, the two appellants have approached the High Court for assistance with legal aid so that Shoprite complies with the ruling.
They also told Namibian Sun that they went to find out from the Supreme Court whether Shoprite has appealed but no such information existed.
One of the appellants, Gabriel who is now working at a construction company, said that he wants his old job back as he does not earn enough to make a living to take care of his six children.
“I just want my job back because finding a well-paying job is difficult and I was dismissed for doing my job,” Gabriel said.
The other appellant, Mukongelwa is currently unemployed and has returned to the village at Endola in Ohangwena Region.
She said all she wants is for Shoprite to comply with the court's decision and for her to be able to raise her three children.
“Currently it is a struggle to raise my three children as I have no source of income and I have not been lucky enough to get a new job,” she said.
Shoprite has of late been the centre of attention and a number of organisations have aired their views about the manner in which the company conducts itself in labour matters.
Recently, labour minister Erkki Nghimtina also shared his sentiments over Shoprite where he labelled the company as an “anti-union” organisation due to the fact that the workers are for years now are not represented by a union which can fight for their rights when violated.
In 2015, Shoprite workers were charged with violating several company regulations, including participating in an unlawful strike and gross insubordination.
They were also charged with the destruction of private property and for interfering with a company investigation.
Over 100 workers at Shoprite in Windhoek were facing disciplinary charges for taking part in the 2015 strike while 176 workers at Rundu and Gobabis are facing the same charges.
The disciplinary hearings are still ongoing in Windhoek although calls by several stakeholders for the charges against the workers to be dropped have been on the increase recently.
KENYA KAMBOWE
The company was ordered to reinstate two former employees, but has, to date, not done so.
The two former employees Haihambo Gabriel and Priskilla Mukongelwa were employed as a shop steward and front-end controller respectively, at the Shoprite Ongwediva branch.
They were dismissed on 28 October 2015 after they appeared before a disciplinary committee which found them guilty of tasting food – sausages - meant for customers.
In court documents seen by Namibian Sun, the two argued that they consumed the meat because the customers were complaining about a salty taste which they wanted to confirm as they were in supervisory positions.
The two were spotted tasting the product and it was on that basis they were taken to task.
The duo however took the matter up with the labour commissioner, a matter which was postponed on a series of occasions up until 27 October 2016, when the arbitrator ruled in favour of Shoprite, endorsing the dismissal of the two employees.
The two employees did not give up on the matter as they went on to appeal the decision of the disciplinary hearing committee and the ruling of the arbitrator in the Office of the Labour Commissioner in the Oshakati High Court which was heard on 7 April this year.
On 23 June Judge Maphios Cheda made his ruling in which he set aside the findings of the Shoprite disciplinary hearing committee and that of the labour commissioner's office.
The judge also ordered Shoprite to reinstate the appellants to their respective positions with effect from 19 October 2016 with full salaries and benefits.
However, thus far the two employees have not been reinstated and the period of 14 days granted to Shoprite to appeal the High Court ruling gave also lapsed.
When contacted for comment, Shoprite's human resources manager, Joel Kapingana who represented the company during the matter declined to comment on the issue saying that they do not discuss internal matters with the media.
Meanwhile, the two appellants have approached the High Court for assistance with legal aid so that Shoprite complies with the ruling.
They also told Namibian Sun that they went to find out from the Supreme Court whether Shoprite has appealed but no such information existed.
One of the appellants, Gabriel who is now working at a construction company, said that he wants his old job back as he does not earn enough to make a living to take care of his six children.
“I just want my job back because finding a well-paying job is difficult and I was dismissed for doing my job,” Gabriel said.
The other appellant, Mukongelwa is currently unemployed and has returned to the village at Endola in Ohangwena Region.
She said all she wants is for Shoprite to comply with the court's decision and for her to be able to raise her three children.
“Currently it is a struggle to raise my three children as I have no source of income and I have not been lucky enough to get a new job,” she said.
Shoprite has of late been the centre of attention and a number of organisations have aired their views about the manner in which the company conducts itself in labour matters.
Recently, labour minister Erkki Nghimtina also shared his sentiments over Shoprite where he labelled the company as an “anti-union” organisation due to the fact that the workers are for years now are not represented by a union which can fight for their rights when violated.
In 2015, Shoprite workers were charged with violating several company regulations, including participating in an unlawful strike and gross insubordination.
They were also charged with the destruction of private property and for interfering with a company investigation.
Over 100 workers at Shoprite in Windhoek were facing disciplinary charges for taking part in the 2015 strike while 176 workers at Rundu and Gobabis are facing the same charges.
The disciplinary hearings are still ongoing in Windhoek although calls by several stakeholders for the charges against the workers to be dropped have been on the increase recently.
KENYA KAMBOWE
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