Niël Terblanché
The Ministry of Justice and Labour Relations has directed the management of Hotel De Duine in Henties Bay and the Swakopmund Abattoir to implement immediate corrective measures after investigations confirmed breaches of labour laws at both establishments.
Following complaints that surfaced on social media, the ministry dispatched labour inspectors to assess the situation at these undertakings.
At Hotel De Duine, investigators focused on a letter circulated internally, which stated: “All gratuities will remain the property of the hotel for distribution among personnel as per its own judgment or to cover costs. A portion of total gratuity received by a waiter will be logged as a loan against their salary up to an amount determined by management.”
Ministry officials confirmed the letter had been authored by the hotel’s management.
However, they found that the proposed measures had not yet been implemented.
The hotel management claimed the policy was intended to comply with income tax obligations, arguing that they were required to tax all employee earnings.
Despite this explanation, the Ministry deemed the proposal unlawful.
A directive was issued ordering the hotel not to proceed with its plan, and management agreed to comply.
“The Ministry has ordered the Hotel not to implement its ‘proposal’ as it is unlawful. The Hotel Management has agreed to the directive of the Ministry,” the statement read.
Additional concerns at the hotel included the absence of employment contracts for most staff members, and non-payment for night shifts, overtime, and work done on Sundays.
A further directive was issued instructing management to rectify these matters immediately.
The Ministry noted that while the hotel was found to be in breach of several legal provisions, it had implemented the National Minimum Wage across its workforce.
At the Swakopmund Abattoir, workers raised concerns about breaches of the Basic Conditions of Employment, Occupational Safety and Health regulations, and failure to comply with the National Minimum Wage.
The Ministry confirmed that these allegations were well-founded.
“Our inspection has established the reported violations of the law to be factual,” the Ministry reported.
The ministry subsequently directed the abattoir’s management to take corrective steps without delay.
Management reportedly accepted the directive, and both follow-up inspections and continued monitoring have been planned to ensure compliance.
The ministry welcomed the cooperative attitude shown by both employers.
“The ministry appreciates the collaborative efforts by the two employers and their commitment towards rectifying the identified contraventions by the end of April and May 2025, respectively,” the report said.
The ministry appealed to workers to report breaches of labour laws, particularly in cases where efforts to resolve issues internally have failed.
