Erongo Marine CEO suspended for missing meeting
Oceana Group Limited (OCL) is being threatened with a legal suit by suspended Erongo Marine Enterprise (EME) CEO Martha Uumati following a decision by the company to place her on suspension for failing to attend a meeting at its offices in Cape Town, South Africa.
The suspension follows demands by OCL CEO Neville Brink to plan for a Namibia Competition Commission (NaCC) hearing, which EME was scheduled for.
Uumati was placed on suspension and accused of insubordination for her failure to attend the meeting.
In her letter to the Office of the Labour Commissioner, Uumati said OCL did not procedurally suspend her, nor give her a chance to defend herself in the matter.
Challenging her suspension, she further claimed OCL had no right to suspend her as it was not her appointing authority.
“The suspension was affected by an entity with whom no employment relationship exists. The contract of employment identifies [Uumati’s] direct reporting line to the board of directors of EME,” the letter read.
According to her, no board meeting was called by EME to effect her suspension.
“No board meeting of EME was called wherein the said decision to suspend was deliberated on and decided, nor is there any unanimously-passed round-robin decision. No suspension hearing was conducted, and [Uumati] has not been afforded her right to be heard. [Uumati] was not afforded an opportunity to address or make representations in respect of this aspect,” the letter read.
Flagrant disregard
In a letter to Uumati, Brink laid out the reasons for her suspension.
“You flagrantly disregarded a specific instruction to attend an important session in person in Cape Town. We have highlighted the importance of this meeting, and the CEO gave you a clear and unequivocal instruction to be physically present at our Cape Town offices,” he wrote.
“I have noted with concern that we do not seem to be making progress in distilling the issues in this matter. It is imperative that we make an effort to deal with the relevant issues raised by the NaCC, as the risk of non-compliance or deviation from the issues raised by the NaCC could potentially have a far-reaching impact - not only on EME, but for the group as a whole.”
Uumati countered that she had informed the OCL management of her inability to attend the meeting due to personal commitments which could not be moved.
“I am unable to travel to Cape Town, as I have already explained. I have prior commitments that I have to see through in Namibia. I have just returned home from Cape Town and I have a four-year-old who has recently commenced pre-school, a significant milestone for us,” she said.
The Cape Town meeting was also a matter of convenience for EME legal representative Axel Stritter, who planned to be in Cape Town at the time, despite earlier suggestions that the meeting be held in Windhoek, she said.
“The so-called insubordination of a clear and unequivocal instruction is clearly wrong. There was an instruction given for my attendance in Cape Town - among others - because of the fact that a Mr Axel Stritter would be in Cape Town attending the Mining Indaba. This was an arrangement of convenience due to Mr Stritter’s travels,” Uumati said.
“We had agreed with the legal teams to have the preparation session be held here in Namibia. My team and I made arrangements in accordance therewith to facilitate a smooth and successful preparation session. I have rendered and continue to render my corporation together with my team to make this a success, and we remain committed to conducting a successful preparation session,” she added.
Highly disconcerting
Uumati also took issue with the planning meeting being scheduled in Cape Town, saying since the matter originated in Namibia, it was best it was handled here with the relevant support staff.
“I find it highly disconcerting that a Namibian matter should be handled in South Africa without the relevant EME support staff,” she said.
Uumati demanded the lifting of her suspension, citing unfair labour practices on the side of OCL.
When approached for comment, she referred Namibian Sun to Brink; however, questions to the OCL CEO went unanswered.
The suspension follows demands by OCL CEO Neville Brink to plan for a Namibia Competition Commission (NaCC) hearing, which EME was scheduled for.
Uumati was placed on suspension and accused of insubordination for her failure to attend the meeting.
In her letter to the Office of the Labour Commissioner, Uumati said OCL did not procedurally suspend her, nor give her a chance to defend herself in the matter.
Challenging her suspension, she further claimed OCL had no right to suspend her as it was not her appointing authority.
“The suspension was affected by an entity with whom no employment relationship exists. The contract of employment identifies [Uumati’s] direct reporting line to the board of directors of EME,” the letter read.
According to her, no board meeting was called by EME to effect her suspension.
“No board meeting of EME was called wherein the said decision to suspend was deliberated on and decided, nor is there any unanimously-passed round-robin decision. No suspension hearing was conducted, and [Uumati] has not been afforded her right to be heard. [Uumati] was not afforded an opportunity to address or make representations in respect of this aspect,” the letter read.
Flagrant disregard
In a letter to Uumati, Brink laid out the reasons for her suspension.
“You flagrantly disregarded a specific instruction to attend an important session in person in Cape Town. We have highlighted the importance of this meeting, and the CEO gave you a clear and unequivocal instruction to be physically present at our Cape Town offices,” he wrote.
“I have noted with concern that we do not seem to be making progress in distilling the issues in this matter. It is imperative that we make an effort to deal with the relevant issues raised by the NaCC, as the risk of non-compliance or deviation from the issues raised by the NaCC could potentially have a far-reaching impact - not only on EME, but for the group as a whole.”
Uumati countered that she had informed the OCL management of her inability to attend the meeting due to personal commitments which could not be moved.
“I am unable to travel to Cape Town, as I have already explained. I have prior commitments that I have to see through in Namibia. I have just returned home from Cape Town and I have a four-year-old who has recently commenced pre-school, a significant milestone for us,” she said.
The Cape Town meeting was also a matter of convenience for EME legal representative Axel Stritter, who planned to be in Cape Town at the time, despite earlier suggestions that the meeting be held in Windhoek, she said.
“The so-called insubordination of a clear and unequivocal instruction is clearly wrong. There was an instruction given for my attendance in Cape Town - among others - because of the fact that a Mr Axel Stritter would be in Cape Town attending the Mining Indaba. This was an arrangement of convenience due to Mr Stritter’s travels,” Uumati said.
“We had agreed with the legal teams to have the preparation session be held here in Namibia. My team and I made arrangements in accordance therewith to facilitate a smooth and successful preparation session. I have rendered and continue to render my corporation together with my team to make this a success, and we remain committed to conducting a successful preparation session,” she added.
Highly disconcerting
Uumati also took issue with the planning meeting being scheduled in Cape Town, saying since the matter originated in Namibia, it was best it was handled here with the relevant support staff.
“I find it highly disconcerting that a Namibian matter should be handled in South Africa without the relevant EME support staff,” she said.
Uumati demanded the lifting of her suspension, citing unfair labour practices on the side of OCL.
When approached for comment, she referred Namibian Sun to Brink; however, questions to the OCL CEO went unanswered.
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