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The Namibia Food and Allied Trade Union (NAFAU) has accused the management of OK Foods Rundu of violating a settlement agreement by suspending 109 workers who recently took part in a protest against low wages.
The affected workers, led by the Nepal Agricultural Workers Federation, expressed their dissatisfaction at a press conference in Longdu yesterday and demanded immediate action to resolve the issue.
Jacob Penda, secretary general of the union, said the workers’ suspension was in direct violation of the terms of a settlement agreement signed by both parties on May 23. The agreement stipulated that the workers’ wages would be increased by N$390. The strike began on May 13.
In a letter seen by The Namibian Sun, management informed the workers that they would be suspended with full pay pending the outcome of an investigation and finalisation of possible formal disciplinary action.
“The reason for the suspension is that we are investigating your ostensible serious misconduct by engaging in unprotected (illegal) industrial action, intimidating your employer and breaching your common law duty to act in good faith and in the business interests of your employer,” the document reads.
‘Baseless accusations’
According to Penda, the strike rules were signed voluntarily and outline the actions to be taken by workers and employers during the strike. “The rules require workers to return to work within three working days of the end of the strike, and the workers met this condition. The workers at the Nkurunkulu branch returned last Friday, while the workers at the Rundu branch returned at 8am on Saturday. They were issued suspension notices upon their return,” he said.
“There are a number of allegations listed in the suspension letter. NAFAU believes these allegations are baseless as strikes are protected by law. If the allegations were true, the employer could have taken action during the strike or sought an injunction from the court, but these issues were not raised until after the settlement agreement was signed,” he said.
NAFAU maintained that the actions of OK Foods management were aimed at intimidating workers and deterring them from future legal strikes.
“We are law-abiding citizens and all actions between employers and employees should be within the scope of the law. NAFAU has communicated with the management and urged them to revoke the suspension decision to maintain good industrial relations in accordance with the settlement agreement and the strike rules. However, despite the fact that the strike rules clearly stipulate that workers who participate in legal strikes should not be intimidated, persecuted or disciplined after returning to work, the employer refused and planned to conduct a disciplinary hearing for the striking workers.”
“Insults and Tests”
Penda added that OK Foods issued suspension notices and hired other workers to replace the suspended workers. “This is an insult and a test of the union’s capabilities and the resolve of its members. We stand with the suspended workers. If management does not withdraw the suspension notices, this behavior shows that the employers think they can exploit the workers in Rundu, which we will not allow.
“Employers must take the right steps and immediately rescind the suspension decision so these workers can return to work without consequence,” he said.
“As a union we will follow all procedures and take further steps to ensure the employer understands and does the right thing.”
Boycott
Meanwhile, community activist Frans Moyo described the situation as “very bad”.
“The boss of OK Foods has no respect for the law. Imagine someone who signed a settlement agreement and then wants to suspend 109 workers. As community activists and concerned residents, we will speak to our people and make sure we boycott OK Foods. There is nothing friendly about this; the boss has violated the law and violated the agreement that was signed. These workers are not happy and that means the community is not happy,” Moyo said.
When contacted for comment, management of the OK Foods Long Du branch said the owner was out of town and would respond only when he returns.
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