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Labour Law in Namibia

Labour Law in Namibia

Labour Law in Namibia is the first comprehensive and scholarly text to analyse the Labour Act of 2007, and how it affects the common law principles of employment relations.
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978-99916-870-1-8
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Title: Labour Law in Namibia
Author: Collins Parker
Publisher: UNAM Press, University of Namibia
Windhoek, Namibia 2012
ISBN 9789991687018 / ISBN 978-99916-870-1-8
Softcover, 17x24, 336 pages

Description:

The first comprehensive and scholarly text to analyse labour law in the country, concise and extensively researched. Labour Law in Namibia consitst of over 500 cases, including comparative court rulings from South Africa, Swaziland, Zambia and the UK, and is a unique reference guide for key players in labour relations, teachers and students of law, legal researchers and practitioners, human resource and industrial relations practitioners, employers and employer’s organisations, employees and trade unions, public servants, public policy advisors and the international academic community.

Collins Parker has extensive experience as an advocate and legal counsel in the SADC region and has been a Judge of the High Court of Namibia since 2006. He was Chief: Legal Services and International Cooperation and Coordinator of the SADC Legal Sector, and one of the counsel for Namibia in the Case concerning Kasikili/Sedudu Island at the International Court of Justice. He also served as a Judge of the Industrial Court of the Kingdom of Swaziland.

Content: Labour Law in Namibia

Preface and Acknowledgements
Introduction
What is Labour Law?
Who is an Employee?
At Common Law
Tests Applied in Identifying Employees
Statutory Provisions
Who is an Employer?
At Common Law
Statutory Definition
Interpretation of the Labour Act
Application of the Labour Act
The Employment Relationship
Contract of Employment
Essential Elements of Contract of Employment
Agreement
The Parties
Duties of an Employee
Duration
Remuneration
The Employer's General Right of Control and Supervision
Duties of Employees
Introduction
Personal Service
Not to be Absent from Work
Punctuality
Obedience to Reasonable and Lawful Instructions
Furthering the Interests of the Employer
Devotion of the Employee's Energy and Skill
Using Information Gained in the Course of Employment
Employees' Inventions
Fiduciary Duties
Competence and Efficiency
Adaptability
Not to be Guilty of Misconduct or Improper Behaviour
Introduction
Dishonest Act
Negligence
Drunkenness and Use of Unprescribed Drugs and Substances
Indolence
Insolence
Labour Law in Namibia
Fighting and Similar Forms of Misconduct
Fraud
Damage to Property
Unauthorized Use of Employer's Motor Vehicle
The Rule in Hollington's Case
Duties of Employee after Separation
Restraint of Trade
Using Trade Information after Separation
Duties of Employers
Introduction
Provision of Work
Payment of Remuneration
Payment of Remuneration during Illness
Form and Method of Payment
Prohibited Deductions
Permitted Deductions
Provision of Medical Services
Provision of Certificate of Service
Keeping of Prescribed Records
Observation of Prescribed Hours of Work
Ordinary Hours of Work
Overtime
Meal Intervals
Daily Spread-Over and Weekly Rest Period
Night Work
Work on Sundays
Work on Public Holidays
Granting of Paid Leave of Absence
Annual Leave
Sick Leave and Compassionate Leave
Maternity Leave
Provision of Accommodation
Duties Common to Employees and Employers
Discrimination
Duty to Bargain in Good Faith
Health and Safety at the Workplace
Indemnity
Sexual Harassment
Remedies of Employees and Employers
Introduction
Remedies of Employees
Termination of Contract by or without Notice
Claim for Wages
Damages
Application for Reinstatement
Interdict
Strike
Remedies of the Employer
Dismissal
Non-Payment of Wages
Damages
Specific Performance
Interdict
Lockout
Secret Profits and Commissions
Termination of the Employment Relationship
Introduction
Termination not based on Notice
Expiration of Contract
Performance of Contract
As a Result of Supervening Impossibility
As a Result of Employee's Sickness or Incapacity
By Death and Other Causes
By Sequestration
By Repudiation
Termination by Notice or Without Notice
Termination by Notice
Termination without Notice
Severance Pay
Unfair Dismissal and Disciplinary Actions
Unfair Dismissal
What is Unfair Dismissal?
Substantive Fairness
Procedural Fairness
Substantive and Procedural Requirements Peremptory
Inevitably Unfair Dismissal: Certain Grounds
Redundancy or Collective Termination
Unfair Disciplinary Actions other than Dismissal
Introduction
Warning
Suspension
Demotion
Industrial Disputes
What is an Industrial Dispute?
The Two Types of Industrial Dispute
Conciliation, Mediation and Arbitration
Conciliation and Mediation
Introduction
Statutory Provisions
Arbitration
Introduction
Labour Law in Namibia
Statutory Provisions
Industrial Disputes and the Labour Court
Introduction
Establishment and Composition of the Labour Court
Exclusive Jurisdiction of the Labour Court
Appeal and Review Powers of the Labour Court
Setting Aside of Arbitral Awards
Declaratory Orders
Urgent Relief
Exclusive Jurisdiction in Respect of Other Matters
The Labour Court's Power to Order Costs
The Labour Court's Power of Referral
Rules Board
General Powers of the Labour Court
Agreement to Settle Industrial Disputes
Disputes of Interest and Industrial Action

Introduction
Strike
What is a Strike?
The Right to Strike
Protection of Strikers
Circumstances under which Strikes are Prohibited
Designation of Essential Services
Picket
Lockout
Trade Unions and Employers'Organizations
Introduction
What is a Trade Union?
The Right to Form or Join a Trade Union
Unionizable Employees
Registration
Elements of the Constitution of a Trade Union
Name of the Trade Union
Objects of the Trade Union
Industry or Industries in its Scope
Qualification for Admission to Membership
Membership Fees
Termination of Membership
Office-Bearers and Officials
Workplace Representatives
Meetings
Financial Provisions and Acquisition and Control of Property
Affiliation and Amalgamation
Amendment of Constitution
Winding up of a Trade Union
Consequences of Registration and Rights of Registered Trade Unions
Consequences of Registration and Individual Membership Rights
Cancellation of Registration of Trade Union
Cancellation in Terms of Section of the Labour Act
Cancellation in Terms of Section of the Labour Act
Collective Bargaining and Agreements
Introduction
Exclusive Bargaining Agents
Disclosure of Information
Duty to Bargain in Good Faith
Collective Agreement
Disputes Regarding Collective Agreement
Transitional Provisions of the Labour Act
Appendix I Table of Statutes
Appendix II Table of Cases
Bibliography
Index


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