B2Gold Namibia (Pty) Ltd v Hoaseb (LCA 16 of 2012) [2017] NALCMD 10 (17 March 2017)
The respondent's conduct indicated an intention not to return to work, amounting to desertion. The disciplinary process met procedural fairness requirements. The arbitrator's findings of substantive and procedural unfairness were not supported by evidence and are set aside.
- Citation
- [2017] NALCMD 10
- Parties
- Appellant: B2Gold Namibia (Pty) Ltd; Respondent: PF Hoaseb
- Court
- Labour Court Main Division
- Jurisdiction
- Namibia
- Judgment Date
- 17 March 2017
- Case Number
- LCA 16 of 2012
- Procedural Posture
- Labour Appeal / Judgment on Appeal From Arbitration Award
- Outcome
- Appeal allowed
- Legal Topics
- Unfair Dismissal, Desertion, Procedural Fairness, Substantive Fairness, Disciplinary Proceedings
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
B2Gold Namibia (Pty) Ltd
Appellant
PF Hoaseb
Respondent
Procedural Posture
Labour Appeal / Judgment on Appeal From Arbitration Award
Legal Issues
- 1 Whether the respondent's dismissal was substantively unfair
- 2 Whether the respondent's dismissal was procedurally unfair
- 3 Whether the respondent deserted his employment
Ratio Decidendi
The respondent's conduct indicated an intention not to return to work, amounting to desertion. The disciplinary process met procedural fairness requirements. The arbitrator's findings of substantive and procedural unfairness were not supported by evidence and are set aside.
Court Disposition
Appeal allowed
Orders
- The appeal succeeds.
- The arbitrator’s order with regard to compensation of the respondent is set aside.
Full Case Text
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