Labour commissioner to tackle delayed labour cases

Delays in labour-related cases are killing employees.

This was said by Peter Shipandja from the Namibia Seamen and Allied Workers Union (Nasawu) at a stakeholders’ meeting with labour commissioner Kyllikki Sihlahla at Walvis Bay on Tuesday.

Issues such as delayed cases, double bookings, the training of union officials, and frequent consultation meetings with stakeholders were discussed.

“Why are allocations of cases done in Windhoek? Cases happen here. When are we going to decentralise? We are also often told there are double bookings of cases.

“Erongo and //Kharas have many because of the fishing and mining industries. Arbitrators keep telling us they are working on cases, and we wait for a long time. It is killing employees.

“In most cases, unionists are deemed to be illiterate. Organise a workshop with the labour inspector to train us on the enforcement of awards. There is a need for improvement,” Shipandja said.

Sihlahla said her office acknowledges the issue of delayed cases, and was working hard at minimising it, but also urged parties to cooperate.

“Try to attend arbitration proceedings on the allocated days. Delayed cases affect both applicants and companies.

“The companies would like to close the case and see if the person would reinstate or not. If you have to reinstate the person after five years, you have to pay for all those years, which is costly.

“The employee who is found unfairly dismissed might be reinstated, but the compensation cannot repair the damage.

“We are also trying hard from our side, but sometimes people with cases call a day before. When the case is postponed, the blame goes to the Office of the Labour Commissioner,” she said.

Sihlahla said the office is planning to finalise all cases pending from previous financial years by 31 March 2025, with priority given to cases which have been pending for many years.

She urged those involved in unresolved cases to bring it to her attention after this date.

Double booking is unacceptable, she said.

“Reach out to me if anyone tells you about double bookings. Cases are centrally allocated to avoid double booking. Our systems will not accept a booking if there was already another.

“Currently we are only two arbitrators, and we are expecting to have one more soon, but still it is not enough,” she said.

Sihlahla said her office would try to organise a workshop to teach stakeholders the law and what is expected of them.