Lucas Thuuya
The Namibian constitution provides for independent trade unions to protect workers’ rights and interests, thereby promoting labour relations and fair employment practices at workplaces.
To give effect to provisions of the Namibian constitution, the Namibian Parliament enacted a labour law known as the Labour Act.
The Labour Act was enacted first in 1992, and amended in 2007.
(“The Labour Act”) and its overriding objective, amongst others, is to regulate basic terms and conditions of employment for all employers and employees, to ensure health, safety and employees’ welfare, to protect employees from unfair labour practices, to regulate collective labour relations, and to ensure a systematic dispute resolution from employment relationships between employer/employee.
Therefore, it is safe to infer that the Labour Act, which is the legal framework for industrial relations, is a double barrel because it protects both the employee and employer with equal rights and obligations.
This arrangement was made to ensure sound labour relations and to maintain order at workplaces, and that none of the parties to an employment contract should abuse or discriminate against another.
The Labour Act defines an employer as any person who employs or provides work for another person, and who remunerates or undertakes to remunerate such person for assisting an employer in carrying out the employer’s trade or business.
An employee is defined as any person who works for the employer, and who receives or is entitled to receive remuneration/salary for the work done in the course of assisting the employer to carry out the employer’s trade or business.
By the above definitions, it is clear that a relationship of an employer/employee is a mutual one, which requires cooperation and respect by the parties.
Furthermore, the Act gives an employer rights to make employment decisions in the course of business. In this regard, an employee is expected to obey all lawful instructions by the employer through supervisors, because they serve as stewards of the employer.
Conversely, trade unions are mandated to plant shop-stewards at every workplace if there are more than five employees for them to make representations to the employer regarding any matter relating to the terms and conditions of employees, or concerning a dismissal of an employee at disciplinary proceedings or at grievance proceedings. Therefore, employees under the bargaining unit have a recourse whenever they feel aggrieved by the conduct of an employer which is not in line with the individual employment contract, or against its policies.
Employees should report labour impropriety to elected shop-stewards, and should not resort to unprotected industrial action such as a strike or picketing. Likewise, an employer has the right to discipline an employee who contravenes a rule or policies at the workplace. Therefore, employees should not shy away to discuss a grievance with elected shop-stewards, as they are elected to be official representatives of employees at the workplace.
Shop-stewards serve in voluntary positions, and are the first and most visible link between the bargaining unit members and the employer.
Shop-stewards are not angels or some kind of demi-gods, but spokespersons for members at a workplace, and play a role in solving problems and improving working conditions. The correct title of shop-stewards, according to the Labour Act, is Workplace Union Representatives (WUR).
Therefore, they should not issue threats or bully fellow employees at the workplace by boasting that they are the ones negotiating for their benefits or saving them from dismissals, etc.
Shop-stewards should act with sincere honesty and obedience to the employer’s rules and procedures.
All employees are implored to know about the basic rules and procedures, rights and obligations. Whenever there is a pressing issue they feel is not in line with an organisation’s policies, they should first try to resolve it with the respective supervisors. When there is a failure, is when they should escalate it to the shop-stewards.
The referral of a dispute to the shop- stewards should be done in an orderly manner to avoid shop-stewards taking over the duties of supervisors.
Issues which are not of a formal nature should be kept away from the workplace, such as spreading rumours about other employees, gossip, accusing others, envy others or accuse them of practising witchcraft and making innuendos. Such habits are discouraged, as they create fear and hostility among employees.
A united workforce is a healthy and productive workforce, striving to promote the overriding objective of an employer.
* Lucas Tshuuya is a legal practitioner from Onaanda in the Uukwambi district. Catch him at tshuuya@iway.na