Employment
Labour Act 11 of 2007 with the Labour Commissioner and arbitration
The Labour Act 11 of 2007 governs contracts, dismissal and collective bargaining, and routes disputes to conciliation and arbitration before the Labour Commissioner rather than straight to court. Dismissal requires a valid and fair reason and a fair procedure, with the burden on the employer.
Key rules
- Jurisdiction — The Labour Commissioner conciliates and arbitrates; the Labour Court, a division of the High Court, hears appeals and reviews.
- Deadline — Unfair dismissal referral: within 6 months of the dismissal
- Deadline — Arbitration award: appealable to the Labour Court on questions of law
Governing law
- Labour Act 11 of 2007
- Employees Compensation Act 30 of 1941
- Affirmative Action (Employment) Act 29 of 1998
In practice
The 2007 Act deliberately made arbitration the default forum to reduce cost and delay, so most Namibian dismissal law is now made in arbitration awards reviewed by the Labour Court rather than in first-instance litigation.