Smit v Standard Bank Namibia (6 of 1994) [1994] NALC 2 (19 December 1994)

Smit v Standard Bank Namibia (6 of 1994) [1994] NALC 2 (19 December 1994)

The dispute concerns the Respondent's attempt to alter conditions of employment, specifically the housing subsidy, which is not a right under the contract but an interest subject to negotiation. Therefore, the lock-out is lawful as the dispute is one of interest.

Citation
[1994] NALC 2
Parties
Applicant: Willem Hermanus Smit; Respondent: Standard Bank Namibia
Court
Labour Court
Jurisdiction
Namibia
Judgment Date
19 December 1994
Case Number
6 of 1994
Procedural Posture
Labour Court Application / Judgment
Outcome
Application dismissed
Legal Topics
Lock Out, Dispute of Rights Vs Interests, Conditions of Employment, Housing Subsidy
Source Language
English
Labour Law Lock Out Dispute of Rights Vs Interests Conditions of Employment Housing Subsidy

Case Brief

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Parties

Willem Hermanus Smit

Applicant

Standard Bank Namibia

Respondent

Procedural Posture

Labour Court Application / Judgment

Legal Issues

  1. 1 Whether the dispute between the parties relates to a right or an interest
  2. 2 Lawfulness of lock-out under Section 81(1) of the Labour Act

Ratio Decidendi

The dispute concerns the Respondent's attempt to alter conditions of employment, specifically the housing subsidy, which is not a right under the contract but an interest subject to negotiation. Therefore, the lock-out is lawful as the dispute is one of interest.

Court Disposition

Application dismissed