QKR Namibia Navachab Gold Mine (Pty) Ltd v Sabab (LCA 32 of 2017) [2019] NAHCMD 15 (31 May 2019)

QKR Namibia Navachab Gold Mine (Pty) Ltd v Sabab (LCA 32 of 2017) [2019] NAHCMD 15 (31 May 2019)

The arbitrator acted improperly by finding the appellant guilty of an unfair labour practice not contemplated by section 50(1) of the Labour Act 11 of 2007. The respondent did not meet all the advertised requirements for the position, and the appellant's decision not to appoint him was rational and justified. The arbitrator's award was therefore set aside.

Citation
[2019] NAHCMD 15
Parties
Appellant: QKR Namibia Navachab Gold Mine (Pty) Ltd; Respondent: Ismael Sabab
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
31 May 2019 31 May 2019 7 February 2019
Case Number
LCA 32 of 2017
Procedural Posture
Labour Appeal / Judgment on Appeal From Arbitrator's Award
Outcome
Appeal allowed; arbitrator's award set aside; no order as to costs; matter finalised.
Legal Topics
Unfair Labour Practice, Jurisdiction of Arbitrator, Appointment and Promotion, Interpretation of Labour Act
Source Language
English
Labour Law Unfair Labour Practice Jurisdiction of Arbitrator Appointment and Promotion Interpretation of Labour Act

Case Brief

Summary, issues, holding and outcome

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Parties

QKR Namibia Navachab Gold Mine (Pty) Ltd

Appellant

Ismael Sabab

Respondent

Procedural Posture

Labour Appeal / Judgment on Appeal From Arbitrator's Award

Legal Issues

  1. 1 Whether the appellant's conduct constituted an unfair labour practice under section 50(1) of the Labour Act 11 of 2007
  2. 2 Whether the arbitrator had jurisdiction to make the award
  3. 3 Whether the respondent was entitled to appointment based on interview performance despite not meeting all requirements

Ratio Decidendi

The arbitrator acted improperly by finding the appellant guilty of an unfair labour practice not contemplated by section 50(1) of the Labour Act 11 of 2007. The respondent did not meet all the advertised requirements for the position, and the appellant's decision not to appoint him was rational and justified. The arbitrator's award was therefore set aside.

Court Disposition

Appeal allowed; arbitrator's award set aside; no order as to costs; matter finalised.

Orders

  • The appeal against the arbitrator's award succeeds.
  • The arbitrator's award issued on 18 April 2017 is set aside.