Namibia Protection Services (PTY) LTD v Mupunga (HC-MD-LAB-APP-AAA 57 of 2018) [2019] NALCMD 11 (10 April 2019)

The referral of the dispute was made outside the statutory one-year period, depriving the arbitrator of jurisdiction; the award was thus set aside.

Citation: [2019] NALCMD 11
Parties: Appellant: Namibia Protection Services (Pty) Ltd; Respondent: Martin Mupunga
Court: Labour Court Main Division
Jurisdiction: Namibia
Judgment Date: 10 April 2019
Case Number: HC-MD-LAB-APP-AAA 57 of 2018
Procedural Posture: Labour Appeal / Judgment
Outcome: appeal upheld
Legal Topics: Jurisdiction, Prescription of Claims, Unilateral Change of Employment Terms, Demotion, Salary Reduction, Disciplinary Proceedings
Source Language: English

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Namibia Protection Services (Pty) Ltd

Appellant

Martin Mupunga

Respondent

Labour Appeal / Judgment

1 Whether the arbitrator had jurisdiction to hear the dispute referred outside the statutory time limit
2 Whether the referral of the dispute was prescribed under section 86(2) of the Labour Act

The referral of the dispute was made outside the statutory one-year period, depriving the arbitrator of jurisdiction; the award was thus set aside.

appeal upheld

The appeal is upheld and the arbitrator’s award dated 15 October 2018 is set aside.
No order as to cost is made.