Windhoek Tool Centre CC v Pitt and Others (21 of 2014) [2015] NALCMD 2 (22 January 2015)

Windhoek Tool Centre CC v Pitt and Others (21 of 2014) [2015] NALCMD 2 (22 January 2015)

The conciliator acted ultra vires s 83(2)(b) of the Labour Act by failing to determine the matter by conciliation and instead proceeding to arbitration and making an award in the absence of the appellant, resulting in a failure of justice. The arbitration award is therefore set aside.

Source-derived case information.

Citation
[2015] NALCMD 2
Parties
Appellant: Windhoek Tool Centre CC; First Respondent: Andreas Natangwe Pitt; Second Respondent: Kelvin Kaarimuje; Third Respondent: Elvis Kandovazu; Fourth Respondent: Emma Nikanor
Court
Labour Court Main Division
Jurisdiction
Namibia
Judgment Date
22 January 2015
Case Number
21 of 2014
Procedural Posture
Labour Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Conciliation, Arbitration, Ultra Vires, Failure to Attend, Arbitration Award, Labour Act 2007
Source Language
english
Labour Law Conciliation Arbitration Ultra Vires Failure to Attend Arbitration Award Labour Act 2007

Source-derived case record

Summary, issues, holding and outcome

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Parties

Windhoek Tool Centre CC

Appellant

Andreas Natangwe Pitt

First Respondent

Kelvin Kaarimuje

Second Respondent

Elvis Kandovazu

Third Respondent

Emma Nikanor

Fourth Respondent

Procedural Posture

Labour Appeal / Judgment

Legal Issues

  1. 1 Whether the conciliator acted ultra vires s 83(2)(b) of the Labour Act by converting a conciliation meeting into arbitration without proper notice or determination by conciliation
  2. 2 Whether the arbitration award made in the absence of the appellant is valid

Ratio Decidendi

The conciliator acted ultra vires s 83(2)(b) of the Labour Act by failing to determine the matter by conciliation and instead proceeding to arbitration and making an award in the absence of the appellant, resulting in a failure of justice. The arbitration award is therefore set aside.

Court Disposition

appeal allowed

Orders

  • The arbitration award in case no CRWK 49-14, dated 7 April 2014 is set aside.
  • No order as to costs.