De Beers (Pty) Ltd v Izaaks (28 of 2006) [2009] NALC 2 (6 February 2009)

De Beers (Pty) Ltd v Izaaks (28 of 2006) [2009] NALC 2 (6 February 2009)

The order granting approval to lodge a complaint out of time under s.24 of the repealed Labour Act is interlocutory because it is a preliminary step and does not determine the main dispute or final rights of the parties; therefore, it is unappealable.

Citation
[2009] NALC 2
Parties
Appellant: De Beers (Pty) Ltd; Respondent: Jacobus Izaaks
Court
Labour Court
Jurisdiction
Namibia
Judgment Date
6 February 2009
Case Number
28 of 2006
Procedural Posture
Labour Appeal / Ruling on Preliminary Objection Regarding Appealability of Interlocutory Order
Outcome
Appeal dismissed
Legal Topics
Interlocutory Orders, Appealability, Statutory Interpretation, Labour Act S.24
Source Language
English
Labour Law Civil Procedure Interlocutory Orders Appealability Statutory Interpretation Labour Act S.24

Case Brief

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Parties

De Beers (Pty) Ltd

Appellant

Jacobus Izaaks

Respondent

Procedural Posture

Labour Appeal / Ruling on Preliminary Objection Regarding Appealability of Interlocutory Order

Legal Issues

  1. 1 Whether an order granting approval to lodge a complaint out of time under s.24 of the repealed Labour Act is interlocutory or final
  2. 2 Whether such an interlocutory order is appealable

Ratio Decidendi

The order granting approval to lodge a complaint out of time under s.24 of the repealed Labour Act is interlocutory because it is a preliminary step and does not determine the main dispute or final rights of the parties; therefore, it is unappealable.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • No order as to costs.