Tsumeb refuses to reinstate unfairly dismissed employee

The Tsumeb municipality has refused to reinstate former employee Timotheus Wangolo despite a Labour Commission ruling declaring his dismissal unfair, opting instead to challenge the decision in the Labour Court.The municipality has appealed an arbitration award issued by Alexina Mazinza Mabakeng on 22 May, which ordered Wangolo’s reinstatement to his former position as a firefighter assistant with effect from 1 May, on the same terms and conditions of employment.The award also directed the municipality to pay him N$108 000, equivalent to 12 months’ remuneration, for loss of earnings.Rather than implementing the award, the municipality has asked the Labour Court to set it aside, arguing that Mabakeng committed several errors of law and that the arbitration proceedings were procedurally unfair.Court papers show the municipality contends that Mabakeng misinterpreted provisions of the Labour Act, exceeded her powers by ordering reinstatement and compensation, and reached conclusions that “no reasonable arbitrator could have reached".The municipality further argues that it was denied a fair hearing after the arbitration proceeded in its absence. According to the municipality, its officials had informed the commission that they would be unavailable because they were attending official duties and expected the matter to be postponed.The municipality also claims Mabakeng improperly allowed Wangolo to file a replying affidavit after its answering affidavit had been submitted and relied on oral submissions without affording the municipality an opportunity to respond.‘Gross negligence’The appeal comes after the municipality failed in its bid to rescind the arbitration award.In dismissing that application, Mabakeng found that the municipality had been properly notified of the arbitration hearing scheduled for 24 and 25 February but failed to attend.She ruled that there was no evidence the municipality had formally applied for a postponement and found its absence from the proceedings was “wilful and due to gross negligence".“It is imperative to mention that there was no application for postponement made by the Tsumeb municipality,” Mabakeng stated in her ruling.She further found that municipal officials had acknowledged receipt of the notice of the hearing more than a month before and that attempts by Labour Commission officials to contact the municipality during the proceedings went unanswered.Wangolo, who is represented by the Namibian Local Authority Workers Union (Nalawu), has opposed the municipality’s attempts to suspend the arbitration award pending the outcome of the appeal.In his opposing papers, he argues that the municipality cannot rely on its own failure to attend the hearing as grounds to overturn the award. He maintains that the arbitration proceeded lawfully after the municipality received proper notice but elected not to participate.He further argues that the municipality’s continued refusal to implement the award has left him without an income, causing financial hardship and affecting his ability to provide for his family.The Tsumeb municipality did not respond to questions sent to them.

Tsumeb refuses to reinstate unfairly dismissed employee

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Namibian Sun 2026-07-07

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Tsumeb refuses to reinstate unfairly dismissed employee

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Namibian Sun 2026-07-07

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