MINEWORKERS Union of Namibia says more than 200 of their members have been suspended at the B2Gold Otjikoto Mine, after they refused to work over the normal eight hours per day without compensation.
The union’s chairperson Jason Uiseb yesterday afternoon said the company’s continuous operations permit and exemption expired on 31 May 2021 and the permit was not renewed.
“This meant they went back to what the Labour Act stated in this case. We wrote letters and the last was sent on 29 September, where we asked B2Gold to comply but no response,” he said.
According to Uiseb, the permit allowed the workers to be paid a standard amount regardless of their hours after 17h00.
When this permit expired, the union instructed the workers to work within their eight hours between 08h00 and 17h00 as from 1 October 2022.
The company’s general director, Mark Dawe, referred The Namibian to their public relations officer Namasiku Nalisa who said they will respond by midday today.
MINISTERIAL DECLARATION
In a letter, seen by The Namibian, labour minister Uutoni Nujoma declared the Otjikoto Mine as a continuous operation and permitted the working of continuous shifts again.
The minister backdated the declaration from 1 June 2021 until 31 May 2024.
“In terms of the power vested in me by section 15(1) of the Labour Act, I hereby declare the operation of B2Gold Namibia (canteen and accommodation, mining plant land and engineering maintenance) at Otjikoto Mine as a continuous operation and permit the working of continuous shifts provided that no one shift must be longer than eight hours,” Uutoni wrote to the company on 3 October this year.
Uiseb explained that this was enough ammunition for the company to suspend over 200 employees who strictly worked within the 08h00 to 17h00 hours.
“We have a meeting on Wednesday with the company to discuss this and we have also written to the minister requesting for a meeting, which he has acknowledged but not given a date yet,” he said.
He also alleged that the company has started to recruit via subcontractors.
SHIFTS SUSPENDED
Employees, who spoke to The Namibian under anonymity to protect their job security, said the first shift was suspended on Tuesday last week, while the second turned away the following day and the last shift was sent home on Thursday.
“The employees were trying to respect the labour law. Under the Labour Act, normal hours are from 08h00 to 17h00 and after that it is abnormal hours and should be paid a special rate,” the employees explained. They added that B2Gold and the previous union agreed that the mine wants the day shift to be paid the same as the night shift.
“That agreement expired, which was on black and white. The continuous operation permit was going well until last year on 30 April. It lapsed. But they failed to renew, so we should get back to the Labour Act,” they said.
In March this year, the union engaged the mine and they said they have all the documents. Union demanded to see the document. The company never disclosed the document.
ACCESS DENIED
On the day the labour minister’s letter arrived, last Wednesday, the management called in the employees who have not worked after 17h00.
“They blocked our access to the mine. They wanted us, the employees, to sign a suspension letter but we refused,” an employee said.
The group refused to sign any suspension letters and referred them to the union.
In another letter from the company’s general manager Eric Barnard to the workers, B2Gold stated that they have received information that certain employees at the Otjikoto Mine intend to stop working as of 1 October 2023.
“This notice serves as a reminder to all employees that any such stoppage will be deemed as illegal industrial action. Any refusal to work in accordance with the continuous operations system implemented at the mine shall result in immediate disciplinary action being taken against all employees implicated in such misconduct.
“The company shall regard this to be gross insubordination, an offence which can result in dismissal from employment,” the letter reads.
The company said this letter is a final notice that will be given to the employees intending to stop working after 17h00.
Additionally, the company has also told the employees that it does not owe them any backdated salaries.
“It has been brought to management’s attention that apparently, the company owes the 21/7 shift employees money due to the claims made that the continuous operations permit is not valid.
“The ministry of labour explained to management that the permits allow a company to operate continuously, making provision for specific shift cycles to be implemented as applied for by the company,” the letter reads.
It further states: “The labour ministry stated that if a company has been paying employees based on their working hours, including scheduled overtime, no additional money is owed to the employees regardless of the validity of the permit.”
The company, therefore, believes the employees have no claim for outstanding money.
Efforts to contact Nujoma proved futile, as calls and messages went unanswered yesterday.