Basil Read Mining Namibia (Pty) Ltd v Kavu (HC-MD-LAB-APP-AAA 49 of 2020) [2021] NALCMD 18 (26 April 2021)
The arbitrator had no jurisdiction to issue a new or amended award after the parties had entered into a final and binding settlement agreement; the arbitrator was functus officio and any further action was ultra vires and invalid.
- Citation
- [2021] NALCMD 18
- Parties
- Appellant: Basil Read Mining Namibia (Pty) Ltd; Respondent: Dias Kavu
- Court
- Labour Court Main Division
- Jurisdiction
- Namibia
- Judgment Date
- 26 April 2021
- Case Number
- HC-MD-LAB-APP-AAA 49 of 2020
- Procedural Posture
- Labour Appeal / Ruling on Appeal
- Outcome
- appeal upheld
- Legal Topics
- Arbitration Award, Settlement Agreement, Functus Officio, Jurisdiction of Arbitrator
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Basil Read Mining Namibia (Pty) Ltd
Appellant
Dias Kavu
Respondent
Procedural Posture
Labour Appeal / Ruling on Appeal
Legal Issues
- 1 Whether the arbitrator had jurisdiction to issue a new/amended award after a final settlement agreement
- 2 Whether the arbitrator was functus officio after the settlement
- 3 Whether the procedure adopted by the arbitrator was lawful
Ratio Decidendi
The arbitrator had no jurisdiction to issue a new or amended award after the parties had entered into a final and binding settlement agreement; the arbitrator was functus officio and any further action was ultra vires and invalid.
Court Disposition
appeal upheld
Orders
- The appeal is upheld and the arbitration award dated 26 June 2020 is set aside.
- The matter is removed from the roll and is regarded as finalised.
Full Case Text
Judgment text and source record
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