Judge orders mine to make severance payment

Worker fired using derogatory term

19 October 2020 | Crime

Swakopmund • Erwin Leuschner

In his High Court ruling Judge Thomas Masuku came to the conclusion that Swakop Uranium, which operates the Husab uranium mine, will have to pay Cyrill Möller compensation of N$720 000 if he is reinstated. If he does not take up his post again, the company has to pay him N$960 000.

At the centre of the legal dispute are the words “Ching Chong Pang”, which Möller had used in an internal email. In the judgment Masuku stated that Swakop Uranium is a predominantly Chinese company and a subsidiary of China Guandong Nuclear Power Holding Corporation, based in Beijing, China.

On 31 August 2017, Kevin Duan, an employee in Beijing, reportedly sent an email to several staff members - including Möller. The content was in Mandarin. Möller, who held the position of technical coordinator: training, engineering and maintenance, replied: “I am not Chinese. Who are you?”

Duan replied, explaining that the email was sent by accident and that Swakop Uranium employees were not affected. Möller responded with the words “Ching Chong Pang”.

The company described these words as racist and derogatory since some English speakers used this term to mock Chinese people. Disciplinary proceedings were therefore been initiated and although Möller stated that he had not reacted maliciously, he was relieved from duty.

Möller then took his case to the labour court, which ruled in his favour. Accordingly, Swakop Uranium had been ordered to reinstate him and / or to pay the aforementioned severance payment.

Swakop Uranium appealed against this decision in the High Court.

“The only problem that creates a serious issue is the fact that the complainant (Swakop Uranium) did not provide evidence during the disciplinary process that the term used is as alleged to be racist or derogatory to people of Chinese origin,” Masuku said, adding that “apparently some employees felt aggrieved by the words, but no one asked to present such evidence during the disciplinary proceedings.”

The judge therefore came to the same conclusion as the labour court and the disciplinary procedure was incorrect, and thus ruled in Möller’s favour.

Similar News

 

Chinese nationals robbed

3 days ago - 22 November 2020 | Crime

Swakopmund Four Chinese nationals were allegedly robbed on Friday morning at Hidipo Hamutenya Street in Swakopmund by three unknown men.According to the Erongo...

Rapist strikes again

1 week ago - 15 November 2020 | Crime

Walvis BayThe Erongo police is investigating a third case of housebreaking with the intent to rape, rape as well as pointing a firearm after a...

Another car accident claims yet another life

1 week ago - 15 November 2020 | Crime

A case of culpable homicide has been opened after a man was killed when the vehicle he was driving overturned. According to deputy commissioner Erastus...

Second suspect arrested in Wasserfall murder

2 weeks ago - 08 November 2020 | Crime

Walvis Bay •[email protected] A second suspect was arrested and made his first court appearance in connection with the murder of Shannon Wasserfall. Wasserfall’s remains...

Mine warns of swindle

3 weeks ago - 03 November 2020 | Crime

Orano Mining Namibia called on the business community to be cautious and vigilant when approached with requests to submit tenders via email. A scam...

Two lives lost to suicide

3 weeks ago - 02 November 2020 | Crime

The body of Hiskia Thomas (35) was discovered hanging from a rope in a garage at Mondi Haven flats in Mondesa, Swakopmund, on Friday. The...

Another woman raped at gunpoint

3 weeks ago - 29 October 2020 | Crime

Walvis Bay • [email protected] Another woman was raped at gunpoint in Kuisebmond during the early morning hours of Wednesday. According to deputy commissioner...

Protect your identity at all times

1 month - 22 October 2020 | Crime

Although governments worldwide continue to invest in security measures to fight identity theft by implementing strict regulations, this development does not mean that consumers are...

Intruder rapes woman in her home

1 month - 22 October 2020 | Crime

The Erongo regional police are investigating a case of housebreaking and a second case of rape in Walvis Bay. Deputy commissioner Erastus Ikuyu said...

Justice for ‘witch of Siya’

1 month - 13 October 2020 | Crime

Swakopmund • Erwin Leuschner In what is probably the first conviction of its kind in Namibian history, two people were sentenced under the almost...

Latest News

Namibian hake industry makes history

17 hours ago | Fishing

The Namibia hake trawl and longline fishery has become the first in Namibia, and the second in Africa, to meet the globally recognised standard for...

Paint before you move in!

17 hours ago | Life Style

Every homebuyer wants to add their personal touch to their property and turn their new house into a home. A great way to do this...

Seidler shares his expertise

17 hours ago | Local News

Swakopmund • [email protected] Renowned open water swimmer Phillip Seidler has undertaken to share his wealth of skills and knowledge by way of open water...

Hengelbonanza gaan voort

1 day - 24 November 2020 | Events

Hentiesbaai • [email protected] Nie eens Covid-19 kon daarin slaag om 'n stokkie voor die jaarlikse Hengelbonanza op Hentiesbaai te steek nie, wat sedert sy ontstaan...

Plaaslike gimnas begin eie klub

1 day - 24 November 2020 | Local News

Walvisbaai • [email protected]­kein.com.na'n Walvisbaaise gimnas het besluit om haar eie ritmiese en aërobiese gimnastiekklub, die Atlantic Gymnastics Club, op die hawedorp te stig. Janice van...

Road safety campaign launched

1 day - 24 November 2020 | Local News

Walvis Bay • [email protected] The festive season road safety campaign was officially launched by the deputy minister of works and transport, Veikko Nkundi, at...

Dignity kits for Otweya residents

1 day - 24 November 2020 | Local News

Walvis Bay • [email protected] The United Nations Population Fund (UNFPA) donated 1 300 dignity (hygiene) kits valued at N$127 000 to the residents of...

TIDES

1 day - 24 November 2020 | Fishing

Tuesday, 24 November Low 05:30 High 12:02 Low 18:22 High 00:37 Wednesday, 25 November Low...

Grumpy's fishing report

1 day - 24 November 2020 | Fishing

The clean or clear looking water along the shores contributed to the tough fishing conditions this past week. There is however a little bit...

Load More