Allexer Namundjembo
The Labour Court has ruled that Trans Desert Logistics unfairly dismissed former truck driver Donovan Le Roux.
The court ordered Trans Desert Logistics to pay him more than N$58 000 in compensation and severance pay.
The Labour Court delivered the arbitration award on Wednesday following hearings held on 21 August and 6 to 7 October 2025, according to documents seen by the Windhoek Observer.
Le Roux referred the dispute to the labour commissioner on 24 April 2025, claiming unfair dismissal, unpaid leave days and unlawful deductions.
The parties agreed that Le Roux worked as a driver from 1 December 2022 until his dismissal on 31 March 2025.
Court documents show he earned a monthly basic salary of N$9 060.
“It was by agreement of both parties that the issues this Tribunal was at task to determine were whether or not the dismissal of the applicant from the respondent’s employment was fair, whether or not the respondent owes the applicant payment in the form of leave days and whether or not there transpired an unlawful deduction,” the document reads.
Trans Desert Logistics charged Le Roux with disregarding company rules, disobeying a lawful instruction and damaging company property.
He was found guilty on all three charges and the company dismissed him.
The tribunal found that the company failed to prove that the dismissal was substantively fair.
“Summarily, the cross-examination indicated that there existed no evidence other than the witness’s testimony that indicated that there existed a rule that trailers were to be unhooked at the depot only and, lastly, that despite the communication that a breakdown cost would be deducted from the applicant, the respondent opted not to effect such a deduction and rather proceeded to discipline, where it was indicated under re-examination that recovery may run simultaneously with disciplinary action.”
On the first charge, the arbitrator found that the rule against off-hooking trailers at service points such as Scania was only formalised after the incident involving Le Roux.
The award stated that the evidence “falls short in being deemed as that which warranted a guilty finding”.
Regarding the second charge, Le Roux said he refused to change a tyre on 12 March 2025 because of safety concerns, fatigue and what he described as an inadequate hydraulic jack.
Both parties later agreed to use a breakdown service, with Le Roux bearing the cost, according to the arbitrator.
The ruling stated that his actions “cannot, on any objective assessment, be equated with insubordination or wilful defiance of authority”.
On the third charge, Le Roux admitted that damage to company property occurred during the off-hooking process but said it was accidental.
The arbitrator noted that the employment contract already allowed the company to recover damages from employees.
The ruling stated that the company “failed to advance any cogent justification for disregarding this contractual remedy”.
The tribunal further stated that “dismissal is the most severe sanction available to an employer and must be reserved for instances where the employment relationship has been rendered intolerable.”
It found that the alleged misconduct “did not reach a threshold warranting dismissal”.
The tribunal ordered the company to pay Le Roux six months’ compensation amounting to N$54 360 and severance pay of N$4 181.86 for two years of service.
Interest on the amount applies from 13 May 2026 under the prescribed rates of interest act 55 of 1975.
Le Roux was represented by Mary Mutonga of the Namibia Revolutionary Transport and Manufacturing Union.
