Janse Van Rensburg v Wilderness Air Namibia (Pty) Ltd (2) (33 of 2013) [2016] NASC 3 (11 April 2016)

Janse Van Rensburg v Wilderness Air Namibia (Pty) Ltd (2) (33 of 2013) [2016] NASC 3 (11 April 2016)

The Labour Court did not err in finding that the arbitrator misdirected himself by failing to consider the appellant’s admitted breach of safety regulations, nor in reinstating the disciplinary sanctions, nor in setting aside the overtime award for lack of proof. The appeal was properly limited to questions of law, and the appellant failed to establish any legal error by the Labour Court.

Citation
[2016] NASC 3
Parties
Appellant: Leon Janse van Rensburg; Respondent: Wilderness Air Namibia (Pty) Ltd
Court
Supreme Court
Jurisdiction
Namibia
Judgment Date
11 April 2016 6 October 2016 11 April 2016
Case Number
33 of 2013
Procedural Posture
Labour Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Unfair Labour Practice, Disciplinary Proceedings, Burden of Proof, Overtime Claims, Scope of Appellate Review
Source Language
English
Labour Law Unfair Labour Practice Disciplinary Proceedings Burden of Proof Overtime Claims Scope of Appellate Review

Case Brief

Summary, issues, holding and outcome

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Parties

Leon Janse van Rensburg

Appellant

Wilderness Air Namibia (Pty) Ltd

Respondent

Procedural Posture

Labour Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the Labour Court erred in upholding the employer’s appeal against the arbitration award under s 89(1)(a) of the Labour Act
  2. 2 Whether the Labour Court erred in reinstating the disciplinary sanctions
  3. 3 Whether the Labour Court erred in setting aside the arbitrator’s award on overtime

Ratio Decidendi

The Labour Court did not err in finding that the arbitrator misdirected himself by failing to consider the appellant’s admitted breach of safety regulations, nor in reinstating the disciplinary sanctions, nor in setting aside the overtime award for lack of proof. The appeal was properly limited to questions of law, and the appellant failed to establish any legal error by the Labour Court.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The appellant is ordered to pay the respondent’s costs in the appeal, on the basis of one instructed and one instructing counsel, except for the wasted costs of 20 October 2014.