Standard Bank Namibia v Mouton (4 of 2011) [2011] NALC 21 (29 July 2011)

Standard Bank Namibia v Mouton (4 of 2011) [2011] NALC 21 (29 July 2011)

The referral to the Labour Commissioner was made after the statutory 6-month period and was therefore prescribed. The Labour Commissioner had no jurisdiction to make the award, rendering the award and subsequent ruling ultra vires and void.

Citation
[2011] NALC 21
Parties
Appellant: Standard Bank Namibia; Respondent: Romeo Mouton
Court
Labour Court
Jurisdiction
Namibia
Judgment Date
29 July 2011
Case Number
4 of 2011
Procedural Posture
Labour Appeal / Judgment on Appeal Against Arbitrator's Ruling
Outcome
Appeal allowed
Legal Topics
Dismissal, Jurisdiction, Prescription, Rescission of Award
Source Language
English
Labour Law Dismissal Jurisdiction Prescription Rescission of Award

Case Brief

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Parties

Standard Bank Namibia

Appellant

Romeo Mouton

Respondent

Procedural Posture

Labour Appeal / Judgment on Appeal Against Arbitrator's Ruling

Legal Issues

  1. 1 Whether the referral to the Labour Commissioner was out of time and prescribed under Section 86(2) of the Labour Act 11 of 2007
  2. 2 Whether the arbitrator had jurisdiction to make the award
  3. 3 Whether the rescission application was properly dismissed

Ratio Decidendi

The referral to the Labour Commissioner was made after the statutory 6-month period and was therefore prescribed. The Labour Commissioner had no jurisdiction to make the award, rendering the award and subsequent ruling ultra vires and void.

Court Disposition

Appeal allowed

Orders

  • The ruling of the arbitrator dated 20th December 2010 is set aside.
  • The award dated 28th September 2010 is set aside.