Over the past few months we have been investigating various aspects of the Namibian Labour Act of 2007. We have to state at this point that we are not qualified labour law experts or lawyers. We work mainly in the area of hiring, rather than firing, but this information is essential and thus we decided to use this platform to make the information available to the public in layman's terms.
Job seekers and employers alike will benefit from having a basic understanding of the Labour Act. Part 18 deals with Unfair Dismissal.
No employer is allowed to dismiss an employee without a valid and fair reason and without following the procedures set out in the Labour Act or in any “code of good practice”. It is unfair to dismiss an employee for any of the following reasons:
Employees may not be dismissed because of their sex, race, colour, ethnic origin, religion, creed or social or economic status, political opinion or marital status. In any proceedings concerning a dismissal, the employer must prove the dismissal was fair.
(for the further information, see paragraph 33 of the Labour Act.)