A LABOUR arbitrator had ordered that Hilya Nghiwete be reinstated as the chief executive officer at the Namibia Students Financial Assistance Fund (NSFAF). This was rescinded by a judge from the High Court.
Judge Herman Oosthuizen affirmed an appeal by the fund to Memory Sinfwa, labour arbitrator. He ordered Nghiwete to be reinstated as NSFAF chief executive in a Friday judgement.
Oosthuizen however found that Nghiwete was dismissed as chief executive officer of fund in February 2020. This was before the conclusion to a disciplinary hearing in the case. Oosthuizen ordered Nghiwete to receive the monthly salary she would have earned from the time of her dismissal up to mid-July 2021 when Sinfwa’s arbitration decision was made.
Nghiwete was paid full pay in April 2018, and she continued to receive a salary package at N$185 000 per month for almost two years before being dismissed.
Oosthuizen concluded that Nghiwete was no longer employed by the fund and that trust had been broken between them. He noted that Nghiwete made it clear that she did not trust the board of fund, while senior employees of fund testified that they had issues with Nghiwete’s management style and that her reinstatement would be against the best interests of the fund.
Oosthuizen stated that the employment relationship between Nghiwete and the fund has been void since April 2018, when she was removed as chief executive. Oosthuizen stated that the arbitrator’s order to reinstate Nghiwete was unreasonable due to the soured relationship between Nghiwete, NSFAF and Nghiwete.
Nghiwete was suspended and charged in a hearing of discipline. This hearing was postponed several times but was scheduled to take places in January 2020. Nghiwete was charged with a variety of offenses, including conflict of interest and maladministration, as well as financial mismanagement and insubordination.
The hearing was rescheduled for January 2020, but was pushed back again after Nghiwete was booked by a psychologist for three months in December 2019.
Nghiwete was fired from her CEO position in February 2020 after her disciplinary hearing failed to proceed.
Oosthuizen ruled that the board’s decision was incorrect.
He stated that Nghiwete had to be treated fairly and that the fund should have informed Nghiwete the chairperson of the hearing about its opposition of a further postponement. The judge noted that it would have been up to Nghiwete’s chairperson to decide whether to postpone or refuse to postpone the hearing.
Nghiwete’s dismissal “was invalid and unfair”, Oosthuizen stated. “The procedure that followed was likewise unfair.”
He added: “The board of the fund was wrong to dismiss [Nghiwete] without due process.”
The fund appealed against Sinfwa’s arbitration award. Senior counsel Andrew Corbett represented the fund and Karin Klazen represented it. Sisa Namanje represented Nghiwete.
Source: namibian
