Awene v Business & Intellectual Property Authority (HC-MD-LAB-APP-AAA 25 of 2022) [2022] NALCMD 61 (20 October 2022)

Awene v Business & Intellectual Property Authority (HC-MD-LAB-APP-AAA 25 of 2022) [2022] NALCMD 61 (20 October 2022)

The arbitrator misdirected himself by deciding the point in limine and the merits without an evidentiary basis; the award is set aside and the matter is referred for a de novo hearing.

Citation
[2022] NALCMD 61
Parties
Appellant: Immanuel Awene; Respondent: Business & Intellectual Property Authority
Court
Labour Court Main Division
Jurisdiction
Namibia
Judgment Date
20 October 2022
Case Number
HC-MD-LAB-APP-AAA 25 of 2022
Procedural Posture
Labour Appeal / Judgment on Appeal
Outcome
arbitrator's award set aside, matter referred for de novo hearing, no order as to costs, matter finalized
Legal Topics
Arbitration Award, Disciplinary Proceedings, Waiver of Rights, De Novo Hearing
Source Language
English
Labour Law Arbitration Award Disciplinary Proceedings Waiver of Rights De Novo Hearing

Case Brief

Summary, issues, holding and outcome

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Parties

Immanuel Awene

Appellant

Business & Intellectual Property Authority

Respondent

Procedural Posture

Labour Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the arbitrator erred in upholding a point in limine that the appellant waived his rights by not attending the disciplinary proceeding
  2. 2 Whether the arbitrator was correct to make findings on the merits without an evidentiary basis

Ratio Decidendi

The arbitrator misdirected himself by deciding the point in limine and the merits without an evidentiary basis; the award is set aside and the matter is referred for a de novo hearing.

Court Disposition

arbitrator's award set aside, matter referred for de novo hearing, no order as to costs, matter finalized

Orders

  • The Arbitrator’s award of 14 March 2022 is set aside in its entirety.
  • The matter is referred back to the Labour Commissioner for a de novo arbitration hearing before another arbitrator.