The Namibian Labour Law, for that matter any law, is not cast in concrete, however the aim with the Namibian Labour Law Publications is to create a foundation on which research, arguments and advice can be based with relative certainty. It is a truism that the sources of the law consist of legislation, common law and case law, and it is with this in mind that SDU Seminars has decided to make access to these sources more readily available.
The judgments were reproduced, word for word, with great attention given to the prevention of typographical errors. The reports are similar to the original judgments signed by the presiding Presidents without any corrections made by the editor. The typographical appearances (font) of quotations, used by the presiding Presidents have been printed in a different font to enhance the identification of the quotations. Latin terms have also been printed in italic font, which are normally underlined in the judgements.
To each case, a headnote was added to assist in analysis and research of the reported cases. The headnotes have four headings, namely Case History, Legislation, Case Law and Other References. The Case History identifies certain issues and or principles that received some attention in the judgment together with information regarding the case. The Case History is not purported to be a complete and comprehensive summary and must only be used as an aid in analysing the reported case or as starting point in research – and nothing more. The Legislation, Case Law and Other References identify the statutes (inclusive of subordinate legislation) and authorities referred to or mentioned by the presiding Presidents in that particular judgment. In brief, the headnotes were added to assist in finding authorities as if in a “noter-up”.
The Labour Court judgments that were supported by written reasons were considered for publication. I am sure, in future, attention will be given to matters that can be distinguished as “reportable”, however with the short history of the Labour Court, SDU Seminars aims to distribute all judgments, to give guidance to practitioners, consultants, managers, trade unions and individuals who have tread onto matters that can be associated with employment or labour law.
I personally hope that with this first Namibian Labour Law Publication complaints lodged with the District Labour Courts will be prevented, resolved or handled with more clarity, by all. The Labour Court gave guidance and explanations; we only have to apply the same in the employment, human resource and working environment.
The need for a publication like this one, and those that shall follow, was born in my believe that peace of mind in the employment related industry can only be reached in consideration of the following principles, namely; nothing done in urgency will have an amicable result, find the source, identify the question, categorise the issues. Think about it.
Pieter J de Beer
- NLLP 1998 (1)
- NLLP 2002 (2)
- NLLP 2004 (4)