Meyer v Swartz & Another (HC-MD-LAB-APP-AAA 42 of 2020) [2021] NALCMD 11 (29 March 2021)

Meyer v Swartz & Another (HC-MD-LAB-APP-AAA 42 of 2020) [2021] NALCMD 11 (29 March 2021)

The arbitrator committed gross irregularities, failed to conduct proceedings fairly, erred in finding constructive dismissal, and acted ultra vires in awarding 10 years of future loss of income; the appeal is upheld and the award set aside.

Citation
[2021] NALCMD 11
Parties
Appellant: Dalene Meyer; 1st Respondent: Lena Swartz; 2nd Respondent: Donysius Louw N. O.
Court
Labour Court Main Division
Jurisdiction
Namibia
Judgment Date
29 March 2021
Case Number
HC-MD-LAB-APP-AAA 42 of 2020
Procedural Posture
Labour Appeal / Judgment
Outcome
appeal upheld
Legal Topics
Constructive Dismissal, Arbitrator's Powers, Future Loss of Income, Unfair Dismissal
Source Language
English
Labour Law Constructive Dismissal Arbitrator's Powers Future Loss of Income Unfair Dismissal

Case Brief

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Parties

Dalene Meyer

Appellant

Lena Swartz

1st Respondent

Donysius Louw N. O.

2nd Respondent

Procedural Posture

Labour Appeal / Judgment

Legal Issues

  1. 1 Whether the arbitrator misconstrued his powers and duties under section 86 of the Labour Act
  2. 2 Whether the arbitrator erred in finding constructive dismissal
  3. 3 Whether the arbitrator erred in awarding 10 years of future loss of income

Ratio Decidendi

The arbitrator committed gross irregularities, failed to conduct proceedings fairly, erred in finding constructive dismissal, and acted ultra vires in awarding 10 years of future loss of income; the appeal is upheld and the award set aside.

Court Disposition

appeal upheld

Orders

  • The appeal is upheld.
  • The arbitrator’s award delivered on 25 June 2020 is hereby set aside.