10th December 2025
How to properly refer a labour dispute to the Office of the Labour Commissioner?
Many labour disputes do not even get out of the proverbial blocks due to an aggrieved party’s, mostly employees, ignorance of the rules.
As a result of the strict lapsing periods within which disputes to the Labour Commissioner’s Office must be referred, without the possibility of obtaining condonation for the late referral of disputes, many applicants had been denied relief for injustices done to them and/or who fell victim to unlawful actions by employers or employees. It is, therefore, of the utmost importance that aggrieved parties ensure that their referral of dispute documentation is in order and valid.
Parties to an employer - employee relationship may refer disputes to the Office of the Labour Commissioner (“OLC”) in terms of the provisions of the Labour Act, Act 11 of 2007, and the Rules Relating to the Conduct of Conciliation and Arbitration before the Labour Commissioner: Labour Act, 2007 (Act No. 11 of 2007).
When referring a dispute to OLC, the referring party must complete a Form LC 21 or LC 12 (in respect of union recognition disputes) and therein:
- Provide the parties’ names accurately, as citing a party incorrectly can render a referral defective, if the citation is materially inaccurate;
- Providing both parties’ addresses and contact details;
- Ticking the correct nature of dispute in the box provided and/or providing a brief explanation next to the ”‘other” box where applicable;
- Providing the date on which the dispute arose, keeping in mind that conciliators/arbitrators do not have the jurisdiction to hear a dismissal dispute which occurred over six months before the referral date, and one year in the case of any other dispute;
- The referring party must sign the referral form, or alternatively, their representative such as an official from a registered trade union or employers’ organisation; a co-employee (when applicable); a director, member or employee of the referring party (when applicable);
- Date the document; and
- Attach a detailed summary of dispute, outlining the background facts of each referred dispute, the cause of action and the relief claimed. Specificity when referring to a dispute of unfair labour practice this is paramount, with reference to the exact provision in Section 50 of the Act that is the cause of the dispute.
If a referral is jointly instituted or opposed by more than one party, the parties may mandate one of themselves to sign documents on their behalf. A statement authorising the said party to sign documents must be signed by each party and attached to the referral or opposition document, together with a legible list of their full names and addresses. Failure to do so may render the referral defective and a defective referral may result in the dismissal of the dispute and/or exclusion of a party who did not comply with such requirements. As such, having your papers in order ensures that the merits of the referral are dealt with and adjudicated upon as intended.
MKJ Shipanga
JP Viljoen
RFN Amunyela
DISCLAIMER
This article is for informational purposes only and does not constitute legal advice. Each matter depends on its own facts and applicable law. Readers are encouraged to consult a qualified legal practitioner for advice specific to their situation. This article is confined to matters of Namibian law, as at the date hereof.