05 Jul 2014 09:10am
WINDHOEK, 05 JUL (NAMPA) - The Supreme Court on Friday dismissed an appeal application by the National Housing Enterprise (NHE) against unfair dismissal of one of its senior employees.
The NHE's failed appeal application was against its former Regional Manager of the Katutura Central Branch, Maureen Hinda-Mbaziira, who was charged with misconduct on 11 duplicate charges, and eventually dismissed from duty by the management of the Parastatal during 2009.
The NHE (appellant)'s appeal application against Hinda-Mbaziira (respondent) was dismissed in a ruling handed down by Judge of Appeal Sylvester Mainga here on Friday morning, with both Petrus Damaseb (acting Judge of Appeal) and Elton Hoff (acting Judge of Appeal) concurring.
According to Friday's Supreme Court judgement, the dismissal of the respondent was procedurally unfair.
The appellant was ordered to pay the respondent a salary and benefits she was earning at the time she was dismissed - from 01 July 2009 to 28 February 2011 - including bonuses, salary increments/adjustments and any other benefits the respondent would have been entitled to within that period, minus N.dollars 110 723,85 if it was paid.
The NHE is also being ordered to pay an amount equal to 12 months for termination, and compensation for the dismissal calculated at the salary respondent was earning at the time of her dismissal.
Again, the NHE was ordered to pay interest on the amounts above at the rate of 20 per cent per annum from 28 February 2011 until the date of payment.
In addition, the NHE is ordered to pay the costs of the respondent of this dismissed appeal application and the legal costs of the Labour Court case, which costs includes the costs of one instructing counsel and one instructed counsel.
Hinda-Mbaziira was an employee of the NHE from 01 December 2002 until her dismissal in 2009.
As a result of the unfair and unprocedural dismissal, Hinda-Mbaziira took her case to the Labour Court of the Windhoek High Court after which the NHE management was ordered to reinstate in her in her previous position.
This development then prompted the NHE to lodge an appeal application that was heard in the Windhoek Supreme Court on 24 March 2014, and which ended with the three Judges of Appeal dismissing the NHE's appeal application on Friday morning.
Defence lawyer T.A. Barnard appeared for the appellant, instructed by Koep & Partners.
Prominent South African lawyer, Advocate Nasir Cassim (SC) represented Hinda-Mbaziira, instructed by Murorua & Associates.