Reagan Malumo
29 September 2008
Katima Mulilo — A woman employed by Photo Quick Caprivi at Katima Mulilo, Robbinah Mubita, was fired from her job last week after her boss, Niqui Bosch, allegedly accused her of suffering from tuberculosis (TB) because she had a persistent cough.
Mubita, who was employed as a photographic assistant, was handed a dismissal letter by Bosch who allegedly fired her on the spot without issuing a single warning letter.
Although Bosch gave different reasons for firing Mubita, the victim said she never had a cordial relationship with Bosch since the beginning of August when she got hospitalised for almost a week and was diagnosed with pneumonia.
She said after her recovery, she still had some symptoms such as the cough. Doctors told her that she had the cough because she had been exposed to excessive cold weather, and it would soon disappear.
She narrated that since then her relationship with Bosch deteriorated drastically and that she has been receiving threats on her mobile phone.
New Era retrieved an SMS on Mubita's cellphone, which she said was sent by Bosch while Mubita was on sick leave.
"We will talk at the shop. I need to know why you are so sickly, is it AIDS or TB or cancer? And what medicine you take. Because you really need help. And if it is TB, I cannot afford you to infect us as co-workers or the clients," reads the SMS.
When Bosch was contacted for comment, she refused to speak and slammed down the phone.
"Put everything that she wants you to put in the newspaper my friend, I don't want to speak to you," she said before switching off her phone.
Shortly after New Era's contact with her, Bosch called Mubita and allegedly threatened her with legal action should she reveal any further information to the media.
Although Photo Quick Caprivi employed Mubita on permanent basis, she further explained that both her sick leave and maternity leave that she took earlier were unpaid, and that this was due to the fact that Bosch refused to register her employees with Social Security Commission (SSC) for social benefits.
Mubita decided to approach the offices of the Ministry of Labour and Social Welfare at Katima Mulilo but was not happy because the labour inspectors there did not take her seriously, siding with her employer, she said.
Meanwhile, senior labour inspectors Mary Mabuku and Bernard Lilungwe denied the allegations and stressed that Mubita did not bring the issues of threatening calls and strange SMSes to their attention. If that is the case, they said, then it is beyond their control.
They explained that threatening calls and SMSes are considered as defamation of character, and advised that it is Mubita's right to register a civil case against Bosch.
They both explained that although Bosch claimed absenteeism, chatting at work and extended maternity leave as some of the reasons given for Mubita's dismissal, the labour office still considered it unfair dismissal.
They accused Bosch of not following proper procedures such as giving Mubita a warning or according her a disciplinary hearing.
They said they have both warned Bosch for contravening the Labour Act in trying to compel Mubita to visit Bosch's personal doctor so that she can get more details of Mubita's sickness. They said a person's sickness is a private matter.
The National Code on HIV/AIDS and Employment states: "Any direct testing or indirect means that oblige individuals to declare their HIV status as a condition of employment is discouraged. The only medical criterion for recruitment should be fitness to work."
It further states that "indirect screening methods such as questions in verbal or written form inquiring about previous HIV tests and/or questions related to the assessments of risk behaviour should be considered in the same context and must not be allowed."
Both labour inspectors expressed willingness to assist Mubita with advice on the way forward if she needs it.
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This employee used the excuse to run to the newspapers. She had been absent for 42 working days - and paid for every day - during her 6 months she was in our employ. She was sick constantly - wihtout doctor's notes. She also slept in the toilets - the moment I left the shop. When I set my foot down that she get doctor's notes and medical treatment, she stopped coming to work, when I tried finding out what is going on, she made personal remarks against myself after which I had to dismiss her. … [Read Full Text]