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

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

The arbitrator acted outside her jurisdiction by finding an unfair labour practice where the conduct complained of did not fall within the exhaustive list in section 50(1) of the Labour Act 11 of 2007. The appellant's decision not to appoint the respondent was rational, as the respondent did not meet all the advertised requirements for the position. The arbitrator's award was perverse and legally unsustainable, warranting its setting aside.

Citation
[2019] NALCMD 15
Parties
Appellant: QKR Namibia Navachab Gold Mine (Pty) Ltd; Respondent: Ismael Sabab
Court
Labour Court Main Division
Jurisdiction
Namibia
Judgment Date
31 May 2019
Case Number
LCA 32 of 2017
Procedural Posture
Labour Appeal / Judgment on Appeal
Outcome
appeal allowed; arbitrator's award set aside
Legal Topics
Unfair Labour Practice, Jurisdiction of Arbitrator, Promotion and Appointment, Interpretation of Labour Act
Source Language
English
Labour Law Unfair Labour Practice Jurisdiction of Arbitrator Promotion and Appointment 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

Legal Issues

  1. 1 Whether the arbitrator had jurisdiction to determine the dispute as an unfair labour practice under section 50(1) of the Labour Act 11 of 2007
  2. 2 Whether the appellant's failure to appoint the respondent constituted an unfair labour practice
  3. 3 Whether the arbitrator's award was legally sustainable

Ratio Decidendi

The arbitrator acted outside her jurisdiction by finding an unfair labour practice where the conduct complained of did not fall within the exhaustive list in section 50(1) of the Labour Act 11 of 2007. The appellant's decision not to appoint the respondent was rational, as the respondent did not meet all the advertised requirements for the position. The arbitrator's award was perverse and legally unsustainable, warranting its setting aside.

Court Disposition

appeal allowed; arbitrator's award set aside

Orders

  • The appeal against the arbitrator's award succeeds.
  • The arbitrator's award is set aside.