Civil servants are being left to fend for themselves in labour disputes with the government and fear labour arbitrators are unable to view their issues objectively.
This is according to retired civil servant Manfred Menjengua, who says arbitrators are employed by the Ministry of Justice and Labour Relations with the understanding that they will remain neutral in disputes.
“But in reality, they work for the government. Automatically they will favour the government,” he says.
Menjengua says public servants face issues in the workplace similar to those faced by workers in other sectors.
There have been cases where staff members are mistreated for the active role they play in unions, he says.
Women also face harassment and difficulty in rising through the ranks.
“Because you’re a lady, and somewhere somehow a person is interested in you, you won’t get a chance to be promoted. Women are being targeted,” he says.
Poor recruitment practices affect not only those within an organisation who are passed over for promotion, but also those citizens who rely on the services provided by public servants.
“People are being recruited, not based on merit but on ‘jobs for comrades’. And the public service does not function correctly.
You find a department is not performing because the person running that section is not qualified to do so,” Menjengua says.
“In some cases, you report a case of corruption within the public service and since you don’t have any protection, you’re left with nowhere to go,” he says.
Without effective whistleblower protection, public servants fear being targeted if they speak up, he says.
The labour ministry says employees have the right to lodge cases with the labour commissioner and that they will be heard in a transparent and unbiased manner.
“Arbitrators as professionals are expected to act independently and fairly, regardless of the parties involved,” ministry spokesperson Maria Hedimbi says.
Decisions made by the arbitrator can also be appealed at the Labour Court by either party, she says.
Labour analyst Sydwill Scholtz says more work needs to be done to educate both employees and employers.
“We need to eradicate the misconception that people are being favoured; either that unions are favouring specific people, or [that the labour court is] favouring the government or the like,” he says.
The labour ministry is set up to follow a specific set of rules, both in the arbitration and in labour courts.
“We need to keep in mind that many of these processes are very emotionally taxing for both employers and employees,” Scholtz says.
When the outcome favours the other side, it’s easy to feel the arbitrators were unfair in the process, he says.
Scholtz says educating all Namibians about their rights and the labour dispute resolution system would promote positive labour relations.
