Your question
If I want to let a worker go that worked 4 years for me. How much do I need to pay him more? Let's assume his payment was N$3000 per month.
Under the supplied Labour Act extract, the minimum severance is one week’s remuneration for each completed year of continuous service, unless the dismissal is fair and based on misconduct or poor work performance, among other stated exceptions. For four years, this equals four weeks’ remuneration. 1
The sources do not state how to convert a monthly wage of N$3,000 into “one week’s remuneration.” Using a simple 52-week calculation, N$3,000 × 12 ÷ 52 gives approximately N$692.31 per week, so four weeks would be approximately N$2,769.24 in severance pay. This calculation is only an arithmetic estimate, because the supplied sources do not prescribe the conversion method. 1
Any separate payment for a notice period may also be required if notice is waived or not worked, because the Act requires payment of the remuneration the employee would have received during that notice period. The supplied extract does not state the applicable notice period. 4
Verified sources
Where this answer comes from
Labour Act 11 of 2007
Republic of Namibia 42 Annotated Statutes Labour Act 11 of 2007 Schedule: Transitional Provisions (a) is dismissed; (b) dies while employed; or (c) resigns or retires on reaching the age of 65 years. (2) Subsection (1) does not apply - (a) to a fair dismissal on grounds of misconduct or poor work performance; (b) if the employee unreasonably refuses to be reinstated; or (c) if the employee unreasonably refuses to accept employment on terms no less favourable than those applicable immediately before the termination of employment with - (i) the surviving spouse, heir or dependant of a deceased employer within one month of the death of the employer; or (ii) one or more of the former partners wi...
Temporary Employees Pension Fund Act 75 of 1979-Regulations 1979-2099
retires or is retired or discharged on account of a reason mentioned in regulation 8(1) there shall be paid to him out of the Fund an annuity calculated according to the formula - A×C B ×D in which formula - A represents the member’s annual pensionable emoluments on his last working day; B represents 40; C represents the period of the member’s pensionable service; D represents R300.
Temporary Employees Pension Fund Act-Regulations 1979-2099
or is retired or discharged on account of a reason mentioned in regulation 8(1) there shall be paid to him out of the Fund an annuity calculated according to the formula - A × C B × D in which formula - A represents the member’s annual pensionable emoluments on his last working day; B represents 40; C represents the period of the member’s pensionable service; D represents R300. (2) For the purposes of the calculation of an annuity in terms of subregul ation (1), the period of pensionable service of a member, except a member to whom compensation has been awarded in terms of section 11 of the General Pensions Act, 1979 (Act 29 of 1979), who has not yet attained the pensionable age and who reti...
Labour Act 11 of 2007
pay the employee the remuneration the employee would have received, if the employee had worked during the period of notice. (2) If an employee gives notice of termination of employment, the employer - (a) may waive the notice, but (b) in that case, must pay the employee the remuneration contemplated in subsection (1). (3) Instead of giving an employer notice in terms of section 30, an employee may pay the employer the remuneration the employer would have paid, if the employee had worked during the period of notice. Automatic termination of contracts of employment
Cultural Institutions Act 29 of 1969-Regulations 1969-1168
by giving notice in writing to the council of at least one month, but the council may accept shorter notice. (2) An employee may terminate his employment by giving notice in writing or verbally to the director of at least 24 hours, to become effective at any time, whether during or at the end of a month; but not on a day of rest: Provided that if such employee resigns by giving at least one month’s notice, his salary be paid for the full month, irrespective of whether it ends on a day of rest or not, provided he is normally paid for days of rest and he remains in service up to and including the last working day of the month in question. Retirement
Military Pensions Act 84 of 1976
pension or pensions paid to him in terms of paragraph (a) or paragraphs (a) and (b) of section 4