SECTION A
[47]
Question 1
Read the following case study and answer all questions that follows.
Performance Management and the Law: Bukalo makes U-turn on CEO's contract
THEBukalo Village Council has revoked its resolution stating it would not extend chief executive officer
(CEO)Martin Limbo's contract for another five years. Limbo's contract expired on 31 May 2020. The
revoked resolution was taken on 17 February 2020. However, in attempts to obtain a renewal, Limbo
took the council to the Labour Court on the grounds that the council interrupted his contract when it
unfairly suspended him on 7 October 2016 with full pay till August 2017. He was subsequently dismissed,
leading him to take the council to the Labour Court over alleged unfair dismissal in the same year. The
Labour Court ruled in Limbo's favour in 2018, and as such, he was reinstated on 29 September 2019.
In arbitration documents seen by The Namibian yesterday, Limbo further argued that during his
employment contract period he was never appraised for his performance as per clause 8.8 of the
employment contract, resulting in a breach of contract. He said the performance appraisal becomes the
only yardstick with which to measure the performance of a contract employee, and whether such
contract should be renewed or not. Hence, the council failed to appraise him for the whole five years of
his first term. The Martin Limbo vs Bukalo Village Council arbitration, which was referred from the High
Court to the Office of the Labour Commissioner, is still due to be heard before arbitrator Fabiola
Katjivena from 9 to 13 May at Katima Mulilo.
However, while this matter is still pending, the Bukalo Village Council in a letter signed by the
chairperson, Judith Mwilima, said a fruitful consultative meeting was held on 3 March, and subsequently
a special council meeting on 22 March to make a decision on the way forward. The letter further states
that not only did the council resolve to revoke the previous resolution, but also decided not to proceed
defending the labour matter between itself and Katjivena on accounts of a lack of substance and merits
against Limbo. Additionally, the council requested Limbo to withdraw the labour case, and therefore it
would be in a position to extend the employment contract that existed between the two parties.
The letter, which was seen by The Namibian, was addressed to the Office of the Government Attorney
for Jabulani Ncube's attention, who is representing the village council in the arbitration hearing.
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