Lobour Commissioner’s Office Misunderstood By Workers – Nujoma

By:Fransina Nghidengwa
Minister: Labour, Industrial Relations & Employment CreationUtoni Nujoma says that there are misunderstandings in the way the Office of the Labour Commissioner should operate.
According to the Minister, criticism of the office stems from a misconception regarding the nature of the Alternative dispute resolution (ADR) system and the role of the Conciliator and Arbitrators at the arbitration tribunals.
Nujoma’s remarks follows the Mineworkers Union of Namibia (MUN) blaming the Office of the Labour Commissioner early this year for the massive resignation of members from the union.
At the time, Deputy Labour Commissioner Kyllikki Sihlahla said the rate at which cases are being referred to the office was contributing to the work overload.
In particular, Nujoma said some critics, particularly workers, express dissatisfaction when an arbitrator’s award or ruling does not favour their individual or collective interests.
“It appears that they hold the perception that the Labour Commissioner should act exclusively as a ‘representative’ or ‘advocate’ for employees,” he said.
“However, this belief is a misinterpretation of the Labour Commissioner’s mandate and it is important to address the misunderstandings and clarify the purpose of such tribunals,” he added.
The Minister said the underlying objective of the ADR system is to provide a swift and cost-effective resolution for disputes arising from breaches of employment contracts, collective agreements, or violations of the Labour Act.
“It aims”, he said, “to ensure accessible justice for both workers and employers through a neutral tribunal”.
He emphasised that it is important that the role of the Labour Commissioner is not to take sides but to offer professional services aimed at assisting the parties in settling their disputes.
He added that the increasing involvement of legal practitioners and consultants in conciliation and arbitration proceedings has emerged as a significant factor contributing to delays.
“While the arbitration process is intended to be straightforward, expeditious, and cost-effective, the increasing presence of legal practitioners and consultants has led to prolonged litigation, a focus on technicalities, frequent requests for postponements, and a misconception among complainants that substantial financial expenditure on representation is necessary to attain justice before the arbitration tribunals,” Nujoma said.
The Minister however stated that the Labour Commissioner’s office needs to do much more to ensure that workers and employers have a clear understanding of the conciliation and arbitration processes, of their respective roles, and of the expectations placed upon them.
Nujoma said the Office of the Labor Commissioner is implementing measures to address and eliminate delays in the dispute resolution process.
He said these initiatives include recruitment of qualified arbitrators, enhancement of scheduling and hearing procedures; and improved in-house training for arbitrators, coupled with improved supervision. Furthermore, the office is actively working towards implementing a policy that strictly limits the granting of postponements for arbitration hearings.