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Namibia decisions
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Uushona v Walvis Bay Cargo Terminal and Others (HC-MD-CIV-MOT-GEN-2022/00206) [2023] NAHCMD 649 (13 October 2023)
The Labour Court dismissed condonation for a late appeal, finding the explanation for delay inadequate and no reasonable prospects of success on appeal.
Angermund v Poultry and Another (HC-MD-LAB-APP-AAA-2023/00017) [2023] NALCMD 34 (11 August 2023)
The Labour Court dismissed an appeal against refusal to rescind a default award, holding the appellant failed to show good cause and prospects of success.
Pupkewitz and Sons (Pty) Ltd v Muundjua (HC-MD-CIV-MOT-GEN 274 of 2022) [2022] NAHCMD 690 (21 December 2022)
High Court stayed execution of a labour arbitration award pending appeal, finding the urgent application bona fide, the appeal valid, and irreparable harm shown.
Pupkewitz Motor Division (Pty) Ltd v Katjiruru (HC-MD-LAB-APP-AAA 62 of 2021) [2022] NALCMD 78 (16 December 2022)
The appellant failed to comply with the procedural requirements of section 34 of the Labour Act, did not negotiate in good faith, and did not prove that retrenchment was a measure of last resort or that no alternatives existed. The dismissal was both procedurally and substantively unfair. However, the compensation award was set aside due to insufficient evidence on mitigation of loss, and the matter was remitted for reconsideration of compensation.
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Hangayika v Amazing Kids Private School & Academy (HC-MD-CIV-MOT-GEN 271 of 2022) [2022] NALCMD 77 (9 December 2022)
The High Court refused an urgent labour application, finding the applicant failed to meet rule 73(4) and that the urgency was self-created.
Alutumani v Walvis Bay Stevedoring Co (Pty) Ltd (LCA 46 of 2014) [2022] NALCMD 74 (5 December 2022)
The Labour Court refused condonation for a late application for leave to appeal, finding the delay unexplained and the non-compliance with appeal rules flagrant.
Silumbu v Kapapero N.O. (HC-MD-LAB-MOT-REV 209 of 2022) [2022] NALCMD 72 (16 November 2022)
Exceptional circumstances existed due to the seriousness and complexity of the charges against the applicant, affecting her reputation and livelihood. The refusal to allow legal representation failed the test of fairness, and the relevant staff rule excluding legal representation was ultra vires the enabling Act. The applicant was entitled to legal representation at her disciplinary hearing.
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Swakop Uranium v Employees of Swakopm Uranium as Per Schedule Annexure 'POC1' and Others (SA 70 of 2020) [2022] NASC 36 (14 November 2022)
The claims for overtime pay arose solely from section 17 of the Labour Act and not from the common law of contract. The Act provides a specific remedy and forum for such statutory rights, namely referral to the Labour Commissioner and arbitration, with a one-year time bar. The High Court lacked jurisdiction to hear claims based solely on statutory rights under the Act.
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Marula Game Range Pty (Ltd) v Liebenberg (HC-MD-LAB-APP-AAA 33 of 2021) [2022] NALCMD 70 (10 November 2022)
Labour appeal over unfair dismissal. The Labour Court held the arbitrator wrongly ignored the internal disciplinary record and upheld the dismissal.
Akwenye v Letshego Bank Namibia Limited (HC-MD-LAB-MOT-GEN 147 of 2022) [2022] NALCMD 69 (8 November 2022)
The Labour Court dismissed an application for condonation because no appeal was properly before it and the founding affidavit did not support relief.
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