Namibia Minister Directs EPSN License Cancellation Under Employment Services Act

• Minister Fillemon Wise Immanuel is seeking a final resolution for approximately 2,000 workers employed by EPSN but placed at RANI Group Company.
• The ministry is engaging in social dialogue with EPSN, RANI, and affected employees to improve worker conditions and potentially transition them to direct employment with RANI.
• Regulatory action, including the potential cancellation of Employment Placement Services Namibia's license, is being considered under the Employment Services Act, 2011.
• EPSN will be notified of the intention to consider license cancellation or non-renewal and given 30 days to make representations, as required by Section 22(2) of the Act.
• The minister emphasizes that the law's effectiveness in protecting workers depends on its application by responsible parties, aiming for a meaningful resolution and improved employment conditions.

Minister Immanuel has directed that EPSN receive this notification, giving them an opportunity to respond to the potential cancellation or non-renewal of their license.

Minister of Justice and Labour Relations, Fillemon Wise Immanuel, is actively seeking a definitive resolution to an employment dispute affecting nearly 2,000 workers. These individuals were placed at RANI Group Company but remain officially employed by Employment Placement Services Namibia (EPSN). The minister, in an interview with New Era on Sunday, emphasized the prolonged nature of this issue, stating his ministry's commitment to resolving it through social dialogue to safeguard the workers' dignity, job security, and livelihoods.

Discussions are ongoing between the ministry's team, EPSN, and RANI Group, with the affected employees also participating in these good-faith engagements. Minister Immanuel has been advocating for a resolution that includes considering whether the workers should transition to direct employment with RANI. While no final agreement has been reached, the minister expressed optimism that these constructive talks will lead to a lasting solution and improved employment conditions for the workers, satisfying all interested parties.

The protracted employment dispute has also brought the possibility of regulatory action against Employment Placement Services Namibia (EPSN) into focus, specifically under the provisions of the Employment Services Act, 2011 (Act No. 8, 2011). This legislation grants significant powers to the director responsible for employment services, including the authority to revoke a private employment agency's license. Such action can be taken if the agency fails to adhere to the Act, its specific license conditions, or other prescribed requirements.

Section 22(2) of the Employment Services Act 2011 mandates a specific procedure for license cancellation. Before a final decision is made, the agency must be formally notified of the intention to cancel its license and provided with a 30-day period to submit representations explaining why such action should not occur. Minister Immanuel has directed that EPSN receive this notification, giving them an opportunity to respond to the potential cancellation or non-renewal of their license. He clarified that this proposed action does not signify an immediate cancellation, but rather the initiation of a process where EPSN must be given a fair chance to respond, and the relevant authority must consider all applicable legal requirements before making a determination.

Minister Fillemon Wise Immanuel underscored that the effectiveness of legislation in protecting workers is directly tied to how diligently and thoughtfully it is applied by those tasked with its implementation. He views the law as a transformative instrument designed to pave the way for justice, asserting that its ultimate impact and reach depend significantly on the individuals responsible for its application and their willingness to pursue meaningful change.

The ministry's approach, combining legal frameworks with direct engagement, aims to secure the rights of the workers involved. The overarching objective is to achieve a meaningful and lasting resolution to this long-running matter, ultimately ensuring improved employment conditions for the nearly 2,000 individuals impacted by the Fillemon Wise Immanuel employment dispute.

Lawyers advising private employment agencies in Namibia should immediately review their clients' compliance with the Employment Services Act, 2011, particularly regarding worker placement and employment conditions, as the Ministry of Labour Relations is actively pursuing regulatory action, including potential license cancellation, against non-compliant agencies. This signals heightened enforcement and a need to prepare for potential representations against such actions.

Source: Original reporting via New Era