A Critical Review of the Employer’s Statutory Duty to Ensure a Safe Working Environment that does not Pose Health-Risk for Employees: The Namibian Position

Traditionally, in any form of employment, the employees did not have a voice as far as their rights are concerned within the workplace. This mainly due to the fact that employees where regarded as slaves. Hence, as a result of slavery and voice labour, employees could not enjoy any employment related rights. This status of affairs was the order of the day in most countries that were under colonial rule and Namibia was no exception to this situation. During the colonial era, employees did not enjoy adequate legislative rights. However, the with adoption of the supreme Constitution and other subsequent pieces of legislation as such as the Labour Act 11 of 2007 and its predecessors, employees are now entitled to employment rights, in particular the right to safe working environment. The question that this paper reflects on is whether the legislative right to safe working environment guaranteed by the law is adequately enjoyed by the employees.