Banro Corporation and a former employee involving operations in the Democratic Republic of the Congo | |
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Lead NCP | Canada |
Supporting NCP(s) | |
Description | On 8 August 2017, a specific instance was submitted to the Canadian NCP by a former employee of Banro Corporation, alleging non-observance of the Guidelines by the company at its Twangiza Mine in the Democratic Republic of Congo. |
Theme(s) | Employment and industrial relations |
Date | 8 Aug 2017 |
Host country(ies) | Democratic Republic of the Congo |
Source | Individuals |
Industry sector | Mining and quarrying |
Status | Not accepted |
Summary | Read the final statement by the Canadian NCP – 12 April 2018 On 8 August 2017, a specific instance was submitted to the Canadian NCP by a former employee of Banro Corporation, alleging non-observance of the Guidelines by the company at its Twangiza Mine in the Democratic Republic of Congo (DRC). The Notifier alleged wrongful termination of his contract for taking company property for his private use without appropriate authorisation and sought US$250,000.00 (two hundred and fifty thousand US dollars) in compensation for physical and emotional damages. The NCP in its initial assessment determined that while the termination of employment of the Notifier was material to the Guidelines, the NCP did not receive substantiation indicating that the termination was wrongful. Further, the Notifier did admit to committing the said offence. The Company also followed established internal disciplinary procedures which consisted of a documented disciplinary hearing by a disciplinary commission whose decision was consistent with the Congolese Labour Code and the employee’s contractual obligations. The NCP, therefore, determined that the issues raised would not benefit from an intervention from the NCP in the form of facilitated dialogue or mediation. The NCP considers this case closed with the issue of this final statement. #MNEs #nationallaw #caused #non-standardemployment #mining #legitimateinterest #parallelproceedings #localsubsidiary #policychange #recommendations |