In Namibia, both employers and employees have the right to terminate an employment contract. Employers are banned from terminating an employee without a legal and reasonable reason and are required to follow a fair method specified by law, regardless of whether notice is given.
When an employer terminates an employee's employment contract for reasons such as disclosure of information to which the employee is legally allowed or compelled to reveal; refusal to perform anything illegal; and exercise of a right granted by law or collective bargaining agreement.
A reasonable justification for dismissing an employee is determined by the type and gravity of the offense. Just cause may include, but is not limited to, employee misconduct, employee incapacity, whether physical or mental, employee incompatibility, unsuitability during the probationary term, and the business's operating requirements.
Whether the employee or the employer terminates the employment relationship, the notice period varies according to the length of time worked.
Employers are liable for compensating employees for work performed prior to the termination notice, annual leave entitlements, paid time off for Sunday or public holiday work (if applicable), severance pay (if applicable), and transportation allowance (if applicable) (if applicable).
Employees terminated for just cause are generally entitled to the following notice periods: one day for less than four weeks' service; one week for more than four weeks' service but less than one year's service; and one month for more than one year's service.
If both the employer and employee agree, a longer period of notice may be granted, provided that the notice period applies equally to the employer and employee. Notification is prohibited during any leave granted to an employee. Employers may provide pay in lieu of notice in an amount equal to what the employee would have earned during the notice period. Additionally, the employer has the right to waive notice given by an employee in exchange for payment of the employee's remuneration.
After 12 months of uninterrupted service, severance pay is equal to at least one week's pay for each year of continuous service with the employer.
The first three months of employment will be considered probationary, during which time the employee's suitability for the position will be assessed and feedback will be provided.