In a landmark decision, the arbitrator at the Labour Commissioner has ordered the City of Windhoek to grant permanent employment to 556 ward cleaners who have been working on renewable contracts for over 20 years. 

This ruling comes after a long legal battle between the Namibia Public Workers Union (NAPWU) and the City of Windhoek (CoW) to secure job stability for these long-serving employees.

The arbitration revealed that the cleaners, employed on fixed-term contracts since 2018, played a critical role in maintaining the cleanliness of the city. 

Despite their essential functions, they were not afforded the benefits and security of permanent employment, leading to years of frustration and uncertainty.

During the proceedings, the applicants testified about the challenging and sometimes hazardous conditions under which they worked.

They emphasised the importance of their roles and questioned why their employment remained precarious.

The city, in response, cited financial constraints as the reason for not offering permanent positions but failed to provide comprehensive financial statements to support this claim.

One of the key testimonies came from Josephina Natangwe Shaanika, who detailed her lengthy service and the significant impact that permanent employment would have on her life, including access to pensions and other benefits crucial for her family’s future.

The arbitrator, Emma Nicanor, found the respondent’s financial justification insufficient and highlighted the continuous need for cleaners as essential for the city's upkeep.

The decision was made under Section 128C of the Labour Amendment Act (Act 2 of 2012), declaring the cleaners as permanent employees and bringing an end to their long period of employment uncertainty.

NAPWU and the CoW employees were represented by Nelao Alexander of Sisa Namandje and Company, while the CoW was represented by its legal advisor, Ngatatue Kandovazu.