By Sostenus Wilherm
The Ministry of Labour, Industrial Relations and Employment Creation has recorded a total of 13,296 labour cases over the past three financial years, with unfair dismissals and unpaid wages emerging as the most common disputes.
This is according to responses provided by the ministry’s chief public relations officer, Maria Hedimbi, following questions submitted by Confidente.
A breakdown of the figures shows that during the 2023/2024 financial year; the ministry handled 4,947 cases. Of these, 3,698 were resolved, while 1,251 were carried over into the next financial year. In 2024/2025, the number of cases declined to 4,353, with 3,253 resolved and 1,100 remaining pending.
The downward trend continued in the 2025/2026 financial year, where 3,996 cases were recorded. Out of these, 3,046 were finalised, while 950 cases remain pending and have been carried over into the 2026/2027 financial year.
Overall, the ministry’s case resolution rate currently stands at 76 percent, reflecting both progress in handling disputes and the persistent challenges affecting the system.
The Khomas Region, which includes Windhoek, continues to record the highest number of labour disputes. This is largely attributed to the concentration of economic activity and employment opportunities, which naturally results in a higher incidence of workplace conflicts.
Despite the relatively strong resolution rate, the ministry acknowledges ongoing delays in concluding cases. Hedimbi indicated that these delays are largely driven by capacity constraints, procedural bottlenecks and non- compliance by parties involved in disputes.
“The delays in the conclusion of cases are mainly driven by a combination of capacity, procedural, and compliance challenges. Capacity constraints play a significant role, as the office of the labour commissioner faces shortages of arbitrators, support staff and other key personnel,” Hedimbi said.
She noted that the office of the labour commissioner faces shortages of arbitrators, support staff and other key personnel, limiting the number of cases that can be processed within a reasonable timeframe. High caseloads further strain the system, often exceeding available resources and leading to backlogs.
“The volume of disputes often exceeds available arbitrators, leading to backlogs and longer waiting periods for hearings and rulings. High caseloads further place pressure on the system and extend turnaround times,” she added.
Additional challenges include scheduling difficulties, frequent postponements and the time required to draft and issue arbitration awards. Non-compliance by disputing parties such as late submissions, failure to attend hearings and delays in implementing settlement agreements and contributes significantly to prolonged case resolution.
To address these issues, the Ministry says it is implementing both short-term and long-term strategies. In the short term, efforts are focused on minimising unnecessary postponements and improving the management of existing resources.
“The key strategy at present is to work with the resources available and within our control. Despite these constraints, we are actively managing and minimising unnecessary postponements and delays.”
In the long term, the ministry plans to expedite the establishment of the Commission for Alternative Dispute Resolution (CADR) as an independent body. This move is expected to improve efficiency by enabling faster staff recruitment and the introduction of modern systems to better manage caseloads and backlogs.
“The establishment of CADR will significantly enhance backlog and workload management. It will also enable faster staff recruitment and the acquisition of modern systems to improve efficiency,” she noted.
On the nature of disputes, unfair dismissals remain the most prevalent, often linked to misconduct, poor performance and failure by employers to follow proper procedures. Cases involving non-payment of wages and other unfair labour practices are also common.
“The most common types of labour cases referred are unfair dismissals and non- payment of wages. Unfair labour practices also feature prominently among the disputes reported.”
Retrenchment-related disputes tend to fluctuate depending on economic conditions, while contract violations particularly those involving wages, benefits and working conditions remain a consistent source of conflict.
“The trend in labour disputes indicates a consistently high volume of cases. Unfair dismissals remain the most prevalent category, largely driven by terminations related to misconduct and procedural non- compliance.”
Certain sectors have been identified as more prone to labour disputes stating that: “The most affected sectors are the mining, agricultural, security, fishing and construction sectors. These industries often involve complex labour arrangements and challenging working conditions.”
The Ministry has also made progress in recovering funds owed to workers. During the current financial year, more than N$3.3 million was recovered from non-compliant employers. These funds relate to unpaid wages, severance pay, overtime, and other statutory entitlements.
“The ministry recovered an amount of N$3,307,623.72 from different defaulting employers. These funds emanate from unpaid wages, severance pay, overtime payments and other statutory obligations,” she stated.
To enforce compliance, the Ministry employs a framework that includes routine inspections, targeted investigations, and complaint-driven interventions. Employers found in violation of labour laws are issued with compliance orders and required to rectify their actions.
The ministry stated the importance of strengthening monitoring systems and engaging stakeholders to encourage voluntary compliance and promote adherence to labour standards. Importantly, services provided by the office of the labour commissioner are offered free of charge, ensuring access to dispute resolution for all workers.
“The services offered by the office of the labour commissioner, including labour dispute resolution, are free of charge. This ensures accessibility for all workers regardless of their financial position.” However, the government still incurs administrative costs, including transport and travel expenses for staff handling cases outside their duty stations.
There is currently no fixed timeline for finalising labour disputes, as the duration depends on the complexity of the case and the level of cooperation between the parties involved.
“The duration depends on the magnitude of the case and the willingness of the parties to participate in resolving the matter. The absence of a fixed legal timeframe further contributes to delays.”
