Luderitz Town Council v Kornelia (2) (LCA 66 of 2015) [2017] NALCMD 13 (27 April 2017)

Luderitz Town Council v Kornelia (2) (LCA 66 of 2015) [2017] NALCMD 13 (27 April 2017)

There was no evidence on record to support the arbitrator's finding that the respondent was discriminated against. The arbitrator's decision was arbitrary or perverse as discrimination was not proven. The appeal was upheld and the arbitration award set aside.

Citation
[2017] NALCMD 13
Parties
Appellant: Luderitz Town Council; Respondent: Shaanika N. Kornelia
Court
Labour Court Main Division
Jurisdiction
Namibia
Judgment Date
27 April 2017
Case Number
LCA 66 of 2015
Procedural Posture
Labour Appeal / Judgment on Appeal
Outcome
Appeal upheld; arbitration award set aside
Legal Topics
Unfair Labour Practice, Discrimination, Employment Benefits, Housing Subsidy, Arbitration Appeal
Source Language
English
Labour Law Unfair Labour Practice Discrimination Employment Benefits Housing Subsidy Arbitration Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Luderitz Town Council

Appellant

Shaanika N. Kornelia

Respondent

Procedural Posture

Labour Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant unfairly discriminated against the respondent by paying other employees a housing subsidy but not the respondent
  2. 2 Whether the appellant committed an unfair labour practice by paying the respondent a housing allowance instead of a subsidy in the absence of proof of a bond as required by Personnel Rules
  3. 3 Whether the arbitrator's finding was supported by evidence on record

Ratio Decidendi

There was no evidence on record to support the arbitrator's finding that the respondent was discriminated against. The arbitrator's decision was arbitrary or perverse as discrimination was not proven. The appeal was upheld and the arbitration award set aside.

Court Disposition

Appeal upheld; arbitration award set aside

Orders

  • The appeal is upheld.
  • The arbitration award issued on 28 October 2015 by arbitrator A. A. Hagen is hereby set aside.