New law sparks shock and fear

A PROVISION in new labour legislation set to be tabled in Parliament soon has sent shock waves through Namibia’s business sector.

The Labour Bill 2006 envisages scrapping existing district labour court system in favour of arbitration. In terms of this, an employer will be forced to be physically present during arbitration sessions and may not be represented by another office bearer from his or her company or a lawyer, which is alleged to be unconstitutional.The arbitrators will be trained Government labour inspectors, which has raised fears about impartiality.The only representative an employer will be allowed is a registered employers’ association that is party to a collective agreement with the trade unions.If unions refuse such a collective agreement, a company boss must be physically present, the new Bill stipulates.”This entails the requirement to be away from his business for hours or days on end and still to manage the business profitably and successfully,” Eric Lueff said yesterday.Luff is the Secretary General of the Namibia Employers’ Association (NEA), said yesterday.The NEA is a new organisation that was established in April this year.”These restrictive provisions are clearly an encroachment on the employer’s right to be properly represented at such complex arbitration tribunals,” Lueff criticised.”The Ministry of Labour must realise the crucial importance of the role that labour legislation does and must play in promoting sound labour relations and practices,” Lueff added.”Any labour law that is smitten with skewed principles, policies and precepts will only hamper such development and would be better on the shelf than in the law books,” he noted.The NEA said it viewed this new provision as “retributive towards the employers of Namibia, giving labour unions an unfair advantage”, Lueff added in a position paper released yesterday.A trained lawyer who runs his own agronomic business told The Namibian that Section 86(13) of the new Labour Bill was unconstitutional.Speaking on condition of anonymity, the lawyer and businessman said there was great fear in the business sector and among farmers, who in future would have to sit in arbitration tribunals for days on end.Article 12(e) of the Constitution very clearly states that “All persons shall be …entitled to be defended by a legal practitioner of their choice”, he pointed out.The new labour legislation was unveiled earlier this month.In terms of this, an employer will be forced to be physically present during arbitration sessions and may not be represented by another office bearer from his or her company or a lawyer, which is alleged to be unconstitutional.The arbitrators will be trained Government labour inspectors, which has raised fears about impartiality.The only representative an employer will be allowed is a registered employers’ association that is party to a collective agreement with the trade unions.If unions refuse such a collective agreement, a company boss must be physically present, the new Bill stipulates.”This entails the requirement to be away from his business for hours or days on end and still to manage the business profitably and successfully,” Eric Lueff said yesterday.Luff is the Secretary General of the Namibia Employers’ Association (NEA), said yesterday.The NEA is a new organisation that was established in April this year.”These restrictive provisions are clearly an encroachment on the employer’s right to be properly represented at such complex arbitration tribunals,” Lueff criticised. “The Ministry of Labour must realise the crucial importance of the role that labour legislation does and must play in promoting sound labour relations and practices,” Lueff added.”Any labour law that is smitten with skewed principles, policies and precepts will only hamper such development and would be better on the shelf than in the law books,” he noted.The NEA said it viewed this new provision as “retributive towards the employers of Namibia, giving labour unions an unfair advantage”, Lueff added in a position paper released yesterday.A trained lawyer who runs his own agronomic business told The Namibian that Section 86(13) of the new Labour Bill was unconstitutional.Speaking on condition of anonymity, the lawyer and businessman said there was great fear in the business sector and among farmers, who in future would have to sit in arbitration tribunals for days on end.Article 12(e) of the Constitution very clearly states that “All persons shall be …entitled to be defended by a legal practitioner of their choice”, he pointed out.The new labour legislation was unveiled earlier this month.