Namibia Development Corporation v Mwandingi and Others (LCA 87 of 2009) [2012] NALC 41 (3 December 2012)

Namibia Development Corporation v Mwandingi and Others (LCA 87 of 2009) [2012] NALC 41 (3 December 2012)

The Prescription Act, 68 of 1969 applies to labour claims arising under the Labour Act, 6 of 1992 and the current Act. The respondent's claim for constructive dismissal, referred more than seven years after the cause of action arose, had prescribed. The arbitrator erred in rejecting the prescription plea.

Source-derived case information.

Citation
[2012] NALC 41
Parties
Appellant: Namibia Development Corporation; 1st Respondent: Phillip Mwandingi; 2nd Respondent: The Labour Commissioner N.O.; 3rd Respondent: Felix Musukubili N.O.
Court
Labour Court
Jurisdiction
Namibia
Judgment Date
3 December 2012
Case Number
LCA 87 of 2009
Procedural Posture
Labour Appeal / Appeal Against Arbitrator's Ruling on Prescription
Outcome
Appeal upheld
Legal Topics
Constructive Dismissal, Prescription of Claims, Condonation for Late Filing, Jurisdiction of Arbitrator
Source Language
english
Labour Law Civil Procedure Constructive Dismissal Prescription of Claims Condonation for Late Filing Jurisdiction of Arbitrator

Source-derived case record

Summary, issues, holding and outcome

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Parties

Namibia Development Corporation

Appellant

Phillip Mwandingi

1st Respondent

The Labour Commissioner N.O.

2nd Respondent

Felix Musukubili N.O.

3rd Respondent

Procedural Posture

Labour Appeal / Appeal Against Arbitrator's Ruling on Prescription

Legal Issues

  1. 1 Whether the Prescription Act, 68 of 1969 applies to labour claims arising under the Labour Act, 6 of 1992 and the current Act
  2. 2 Whether the respondent's claim for constructive dismissal had prescribed
  3. 3 Whether the arbitrator's ruling rejecting prescription was appealable

Ratio Decidendi

The Prescription Act, 68 of 1969 applies to labour claims arising under the Labour Act, 6 of 1992 and the current Act. The respondent's claim for constructive dismissal, referred more than seven years after the cause of action arose, had prescribed. The arbitrator erred in rejecting the prescription plea.

Court Disposition

Appeal upheld

Orders

  • The appeal against the finding of the arbitrator that the first respondent’s claim of constructive dismissal had not prescribed is upheld.
  • No order as to costs.