Wilderness Air Namibia (Pty) Ltd v Janse van Rensburg (50 of 2011) [2012] NAHC 97 (4 April 2012)

Wilderness Air Namibia (Pty) Ltd v Janse van Rensburg (50 of 2011) [2012] NAHC 97 (4 April 2012)

The arbitrator erred in law by failing to properly consider the evidence that the respondent contravened safety procedures and by setting aside the employer's sanctions without adequate reasoning. The corrective measures imposed by the employer were reasonable and fair given the potential consequences of the incident. The respondent failed to prove entitlement to overtime.

Citation
[2012] NAHC 97
Parties
Appellant: Wilderness Air Namibia (Pty) Ltd; Respondent: Leon Janse van Rensburg
Court
High Court
Jurisdiction
Namibia
Judgment Date
4 April 2012
Case Number
50 of 2011
Procedural Posture
Labour Appeal / Judgment on Appeal From Arbitration Award
Outcome
appeal allowed
Legal Topics
Unfair Labour Practice, Disciplinary Proceedings, Sanctions, Arbitration, Employment Termination
Source Language
English
Labour Law Employment Law Unfair Labour Practice Disciplinary Proceedings Sanctions Arbitration Employment Termination

Case Brief

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Parties

Wilderness Air Namibia (Pty) Ltd

Appellant

Leon Janse van Rensburg

Respondent

Procedural Posture

Labour Appeal / Judgment on Appeal From Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator erred in setting aside the employer's disciplinary sanctions
  2. 2 Whether the respondent was correctly convicted of failure to comply with safety regulations
  3. 3 Whether the sanctions imposed constituted an unfair labour practice

Ratio Decidendi

The arbitrator erred in law by failing to properly consider the evidence that the respondent contravened safety procedures and by setting aside the employer's sanctions without adequate reasoning. The corrective measures imposed by the employer were reasonable and fair given the potential consequences of the incident. The respondent failed to prove entitlement to overtime.

Court Disposition

appeal allowed

Orders

  • The decision and award of the arbitrator are set aside.
  • No order as to costs.