Labour law in Namibia
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Date
2012
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
University of Namibia Press
Abstract
Labour law or employment law – the two terms can be used interchangeably – may be described as that branch of law that is concerned with persons in the employment relationship. Tebutt, JA put it succinctly in this way: ‘Briefly speaking Labour Law is to be understood as the common law of master and servant as expanded and otherwise modified by Industrial Legislation.’1 Put simply, labour law governs the contractual relationship between an employer and an employee. Flowing from that relationship, employers and employees have certain rights, obligations and liabilities under the law. Principles of other branches of law are deeply embedded in labour law. Chief among these are principles of the law of contract, law of delict, criminal law, statute law, administrative law, constitutional law and human rights law. Central to labour law, as already mentioned, is the contractual relationship between an employer and an employee. Therefore, principles of the law of contract are applied to explain the nature and consequences of the employment relationship. The law of delict is also employed to determine the civil liability of employees, employers and third parties in
employment situations. Many countries have eschewed penal sanctions in labour relations, although criminal law still plays an important role in labour relations, especially with regard to unlawful strike, lockout, or picket, and the employment of minors. For example, it is an offence under s. 3(6) of the Labour Act 20073 for a person to employ, or require or permit, a child who is under the age of fourteen years to work in any circumstances prohibited by the Act. An employer found guilty of this offence is liable to a fi ne not exceeding N$20,000.00, or to imprisonment for a period not exceeding four years, or to both.
Description
Keywords
Labour law
Citation
Parker, C. (2012). Labour law in Namibia. Windhoek: UNAM Press.