JB Cooling and Refrigeration CC v Kavendjaa and Another (LCA 15 of 2010) [2012] NALC 8 (3 April 2012)

JB Cooling and Refrigeration CC v Kavendjaa and Another (LCA 15 of 2010) [2012] NALC 8 (3 April 2012)

The arbitrator correctly found an employment relationship based on the evidence, but exceeded jurisdiction by awarding amounts not claimed. Only the difference between agreed and paid salary for four months is payable. Procedural defects in arbitration are not appealable as questions of law and must be addressed by review.

Citation
[2012] NALC 8
Parties
Appellant: JB Cooling & Refrigeration CC; First Respondent: Kastro Kavendjaa; Second Respondent: Philip Mwanding (Arbitrator)
Court
Labour Court
Jurisdiction
Namibia
Judgment Date
3 April 2012
Case Number
LCA 15 of 2010
Procedural Posture
Labour Court Appeal / Judgment on Appeal From Arbitration Award
Outcome
Appeal partly allowed, arbitration award set aside and replaced with new order
Legal Topics
Unfair Labour Practice, Employment Relationship, Jurisdiction of Arbitrator, Appeal on Questions of Law, Remedies in Labour Disputes
Source Language
English
Labour Law Unfair Labour Practice Employment Relationship Jurisdiction of Arbitrator Appeal on Questions of Law Remedies in Labour Disputes

Case Brief

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Parties

JB Cooling & Refrigeration CC

Appellant

Kastro Kavendjaa

First Respondent

Philip Mwanding (Arbitrator)

Second Respondent

Procedural Posture

Labour Court Appeal / Judgment on Appeal From Arbitration Award

Legal Issues

  1. 1 Whether first respondent was employed by appellant
  2. 2 Whether arbitrator had jurisdiction to award remedies not claimed
  3. 3 Whether defects in arbitration proceedings are appealable as questions of law

Ratio Decidendi

The arbitrator correctly found an employment relationship based on the evidence, but exceeded jurisdiction by awarding amounts not claimed. Only the difference between agreed and paid salary for four months is payable. Procedural defects in arbitration are not appealable as questions of law and must be addressed by review.

Court Disposition

Appeal partly allowed, arbitration award set aside and replaced with new order

Orders

  • Appellant found to have employed first respondent.
  • Appellant's failure to pay agreed salary amounts to unfair labour practice.