The Office of the Labour Commissioner has revealed that out of 61 registered unions and employer organisations in Namibia, only nine are compliant with the Labour Act representing a mere 15% compliance rate.
Acting Labour Commissioner Kyllikki Sihlalha highlighted the worrisome compliance rate among trade unions and employer organisations, emphasising the need for immediate attention and rectification.
“There are currently 17 registered employer organisations and 44 registered trade unions in Namibia. These organisations play a vital role in promoting collective bargaining, which is an essential aspect of our country’s labour sector. However, we have noticed a significant lack of compliance among these trade unions and employers ’organisations with their obligations as outlined in section 60 of the Labour Act, Act No. 11 of 2007,” she said on Monday.
Sihlalha said the Office of the Labour Commissioner has put forth a plan of action to address non-compliance.
“One of the key steps is the submission of outstanding annual returns to the Office. By ensuring timely submission of these returns, the Labour Commissioner’s Office aims to improve compliance and uphold the obligations outlined in section 60 of the Labour Act, Act No. 11 of 2007,” the Commissioner said.
Meanwhile, Sihlalha acknowledged the significant delays in finalising labour court cases, particularly in issuing awards.
“These delays contradict the provisions of the Labour Act. The Office of the Labour Commissioner has set a target to reduce pending cases from previous years to zero by 31 March 2024, as part of their Key Performance Indicators (KPI) for the current financial year 2023/2024,” she explained.
However, she bemoaned that achieving this goal requires collaboration and participation from all stakeholders involved.
During the meeting, the Minister of Labour, Industrial Relations and Employment Creation, Utoni Nujoma, expressed his concerns about the growing involvement of legal practitioners and consultants in conciliation and arbitration proceedings.
“This trend has resulted in prolonged litigation, increased focus on technicalities, frequent requests for postponements, and a misconception among complainants that substantial financial expenditure on representation is necessary to attain justice,” he contended.
Minister Nujoma emphasised the need for the Office of the Labour Commissioner to educate workers and employers about the conciliation and arbitration processes.
Assuring stakeholders of the Ministry’s commitment to addressing the issue, Minister Nujoma outlined ambitious measures being implemented by the Office of the Labour Commissioner.
The measures include recruiting qualified arbitrators, improving scheduling and hearing procedures, enhancing in-house training for arbitrators, and implementing a policy to strictly limit the granting of postponements for arbitration hearings.
“The Office of the Labour Commissioner, under the leadership of Acting Commissioner Kyllikki Sihlalha, aims to rectify the lack of compliance and the delays in resolving labour court cases. By working collaboratively with stakeholders, educating all parties involved, and implementing necessary measures, they strive to uphold the principles of justice and efficiency within Namibia’s labour sector,” he said.
This comes after in 2020, the introduction of a Code of Ethics for Arbitrators empowered the Labour Commissioner and the Minister to take effective action when arbitrators fail to meet the expectations set by the ADR system and the law.
