05
May
Mia Kellerman and Duane Dausab In Hardap Regional Council v The Labour Commissioner (HC-MD-LAB-APP-AAA-2024/00014) [2025] NALCMD 8 (27 February 2025) (“Hardap”), the court clarified the long-standing debate on severance pay upon resignation. It ruled that an employer must pay severance to an employee only if they resign or retire upon reaching the age of 65, provided they have completed at least 12 months of continuous employment. Mitchel Mwabi was employed by the Hardap Regional Council as Chief Human Resources Practitioner. After ten years of continuous service, he resigned at the age of 45 and demanded severance pay under section 35(1)(c)…
