NBC employees' interdict under PSUN representation withdrawn

An urgent application by some NBC employees to compel the corporation to stop the deductions from their salaries as a result of their participation in the legal strike has been withdrawn, in the Windhoek High court due to the lack of jurisdiction. Some NBC employees represented by the Public Service Union of Namibia approached the High Court to interdict the NBC from making further deductions from their salaries as a result of the no work no pay rule emanating from the month-long industrial action. The employees' legal representative told the Court that a lack of jurisdiction is the reason for the withdrawal while it is considering whether to approach the right court. In addition, the applicant has offered the respondent N$20 000 as relief for bringing them to the wrong court. The court informed both the applicant and respondent that it cannot give any order regarding the cost as it has no authority to preside over the case. Even if the applicant goes to the labour court there will still be issues of jurisdiction, as the Labour Court is not the court of the first instance. This will put the applicant in a dark corner, as the labour court cannot deal with issues or matters entailing chapter three of the Labour Act. Chapter three of the labour Act deals with the basic conditions of employment including remuneration arrangements. In their affidavit, the employees also want the court to order the NBC to immediately pay back any money deducted from their remuneration on the basis of the employees' participation in the strike. Another prayer is for the court to order NBC to pay the costs of the court application. NBC employees downed tools from 22 April 2021 until 26 May and some of the striking rules agreed included the no work no pay. The no work no pay rule resulted in some employees getting no salaries last month while some were left in the minus of as much as N$10 000.