Labour minister Utoni Nujoma has raised concern about the increasing involvement of legal practitioners and consultants in labour matters, saying it delays resolving the same. 

Nujoma believes the involvement of lawyers in conciliation and arbitration proceedings is causing a serious backlog.

Speaking at a stakeholders meeting in Windhoek recently, the minister highlighted that the arbitration process should be straightforward, efficient and cost-effective. 

However, the growing number of legal practitioners has resulted in prolonged litigation. 

This trend, he said, has led to a focus on technicalities, frequent requests for postponements and a misconception among complainants that expensive representation is necessary to achieve justice before arbitration tribunals.

The minister also emphasised the significance of timely resolution in labour relations, stating that justice delayed is justice denied. 

Delays in the alternative dispute resolution (ADR) system pose challenges for both employees and employers, impacting well-being, workplace relations, finances and productivity, he added.

To address these concerns, the minister said the Office of the Labour Commissioner will take proactive measures to improve the understanding of conciliation and arbitration processes among workers and employers. 

“This includes recruiting qualified arbitrators, enhancing scheduling and hearing procedures, providing better in-house training for arbitrators and implementing a policy to limit postponements for arbitration hearings,” he said.

The goal of these initiatives is to enhance the efficiency, fairness and credibility of the ADR system. 

However, the success of these measures relies on the active involvement and cooperation of all stakeholders, including the Labour Commissioner’s Office, arbitrators, trade unions, employer organisations and others, the minister noted.

Nujoma then urged registered trade unions and employers’ organisations to inform their members that arbitrators’ awards, like court judgments, are based on factual findings and legal principles. 

Dissatisfied parties, he hastened to say, have the right to seek recourse by applying for a review or appeal to the Labour Court to address any errors or irregularities in the arbitration process or the application of the law.

The minister would not go without emphasising the importance of engagement and collaboration among all participants in the ADR system to achieve a more expeditious, accessible and transparent resolution process. 

- ljason@nepc.com.na