Kahiriri Case Against FNB Dismissed

THE case involving FNB Namibia, the Allied Workers Union’s vice president and former FNB Namibia employee Olsen Kahiriri was dismissed by the Office of the Labour Commissioner because of late submission.

Kahiriri, who sued the bank for N$1,2 million for unfair dismissal, said he is appealing.

In a document, in which the arbitrator, Eliaser Nekwaya, stated his reasons for the ruling, he explained that, “a party may refer a dispute within six months after the date of dismissal, if the dispute concerns a dismissal. And the dispute was filed outside the prescribed time limit. On that premise, council thus submitted that the applicant’s claim should be dismissed,”.

Meanwhile, Kahiriri’s lawyer, Monty Karuaihe of Karuaihe Legal Practitioners, said that he is not sure if Nekwaya checked his facts before he attended the hearing. “Although it was not really stated on the form, Kahiriri’s last working day was in September and not in August, as Nekwaya was insisting. The dates on Kahiriri’s payslip and notice of resignation will prove that the dispute was referred in time. We are appealing and thus we are taking this case to the High Court,” Karuaihe said.

Kahiriri claims victimisation by FNB Namibia management, and said he was forced to resign from the bank in September 2013, after he had successfully led the bank to sign an agreement, which changed the workers’ conditions.

Nekwaya further stated in his report that, “In my view, it is improper for the applicant to raise a new date in his oral argument only when finding out that he was faced with prescription as an issue. It is highly prejudicial to the other party and this tribunal,” he said.

He also said that “if the applicant has to allege a material fact, he must accept it and allege such, and not seek by devious pleading to obtain an aantage to which he is not entitled.

The spokesperson of FNB, Victoria Muranda, said that the bank welcomed the ruling and was happy with it.

Source : The Namibian