Sacked DW staff to sue over dismissal

Seventeen former employees of Deutsche Welle (DW) have threatened to sue their former employer over alleged unfair dismissal.

Tuesday, October 13, 2015
Deutsche Welle workers dismantle equipment at the station in Kigali last month. (Jean d'Amour Mugabo)

Seventeen former employees of Deutsche Welle (DW) have threatened to sue their former employer over alleged unfair dismissal.

This follows failure of arbitration efforts spearheaded by Gasabo District labour inspection office, where the case had been reported.

The German media relay station in Kigali started downsizing its staff in April due to the looming expiration of their license to operate in Rwanda which ends in August, next year, according to Damascène Gakuba, the labour inspector in Gasabo District.

Speaking to The New Times at the Gasabo District office on Monday, the former employees of the Kinyinya-based station claimed they were last month sacked in contravention of labour laws, yet their work contracts are meant to expire in August 2016.

"We had been working under open-ended contracts before the relay station stopped operations in March, then DW gave us fixed term contracts and grouped us to dismantle the transmitters, masts and other equipments. We were surprised to be sacked while the work is still ongoing. We want our salaries up to August, next year,” said one of the complainants who preferred anonymity.

Another employee lamented that most of them have bank loans and that the financial institutions withheld all their terminal packages.

Gakuba said, yesterday, arbitration efforts failed.

"In a letter, DW informed us that they were going to close the relay station by March and that would progressively lay off workers because different activities would be stopping gradually and that is what has happened to these seventeen,” said Gakuba.

"I have advised them not to go to court because the employer gave them the benefits in line with the labour law’s article 35 which guarantees compensation for termination. But they are adamant.”

A letter to the former employees dated April 25 stated: "All staff are given a free choice to either look for a job elsewhere, to go in retirement or stay on same contract and maximise the remaining period while working under current conditions.”

When contacted for a comment on Monday, Bernhard Ahlborn, the DW deputy director, said what the firm did is clear. He referred this paper to their press officer for further details, but he could not be reached by press time.

However, in a previous interview, Ahlborn told The New Times a day before the station’s closure in March that all their 60 local employees were not to worry then because dismantling the station would go on until August next year.

Faustin Abdon Nkotanyi, the general secretary of workers trade union (SENJOUSMELI), said DW had told the union at the closure of the relay station that all employees who accepted to do any work available were to work until August 2016.

"That is unfair dismissal since the dismantling activities are going on and the sacked employees had accepted to do any work as the others are doing. DW should pay the sacked employees the salary for the remaining contract period,” he said.

Article 35 stipulates that in case of contract termination, the employer will pay the affected personnel benefits.

editorial@newtimes.co.rw