Ongwediva hotel employees take boss to court for change in employment contracts

Hertta-Maria Amutenja

A dispute involving Afrika Stadt Haus Hotel employees has been brought before the Labour Court.

Gelemina Ngenokesho and 11 others have filed a case against the Afrika Stadt Haus Hotel, detailing grievances related to unpaid overtime and Sunday work, denied leave, and salary issues.

This is after their employment contracts were changed without their consent.

They claim that they have not received payment for overtime or for working two Sundays since January 2023.

They also claim that their leave requests were not fully honoured, leaving many days unused.

Harold Schmidt, his wife Annelise, and their son Willie-Thomas allegedly demanded free accommodation at the hotel in January 2024, but they left after learning that all guests must pay per the hotel manager’s instructions.

Jean-Paul, Harold’s son, was managing the hotel at the time.

“They then left the hotel as they refused to pay, saying it’s their hotel and they will not pay,” said the employees.

In February, Harold informed the staff that Willie would take over the hotel’s management. They allege Willie subsequently changed the company’s name to Hotel Prestige Ongwediva and redirected payments to a new account.

The employees further allege that on 1 March, an Africa Personal Services (APS) representative introduced himself as the new employer and presented a new contract, which the employees refused to sign as their previous contracts were not terminated.

On 3 May, they received another contract, which they also refused due to its exclusion from the Labour Act and Social Security Act regulations.

“We received a second independent contractor agreement for two months from the Prestige Hotel Ongwediva, we refuse to sign as we do not understand it and that this contract, when we read it, it’s written is not to be subjected to the regulations under the Labour Act and Social Security Act. We request them to make changes at some point and they refuse,” they said.

The employees are seeking compensation for unpaid overtime and Sunday work, one month’s notice, severance pay, unpaid leave, and back pay for salaries from November 2023 to date.

They are also demanding an end to workplace intimidation and bad-faith negotiations.

Ngenokesho told the Windhoek Observer that they are waiting on the court’s decision.

“There are a few that are at work, and some of us are just waiting on the hearing,” she said.

Separately, Harold Schmidt, a businessman, has filed an application in the Windhoek High Court against his son, Namibia National Paralympic Committee treasurer Jean-Paul Schmidt, and his daughter-in-law, Naomi Schmidt.

Harold claims Jean-Paul and Naomi mismanaged the hotel and is seeking to evict them.

He also alleges that Jean-Paul threatened to shoot him.

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