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Namibia Case Law

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Labour law [2016] NALCMD 44

John and Penny Group (Pty) Ltd v Gabriel and Others (LCA 37 of 2016)

John and Penny Group (Pty) Ltd v Gabriel and Others (LCA 37 of 2016) [2016] NALCMD 44 (18 November 2016)

The court held that fixed-term employees whose contracts expired by effluxion of time were not dismissed and were not entitled to severance pay.

  • Severance pay
  • Fixed term contracts
  • Dismissal
  • Termination of employment
  • Labour act interpretation
  • Procedural compliance
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Labour law [2011] NALC 17

Overberg Fishing (Pty) Ltd v Villar Decampo (51 of 2010)

Overberg Fishing (Pty) Ltd v Villar Decampo (51 of 2010) [2011] NALC 17 (5 July 2011)

The Labour Court held that a fixed-term employment contract ended by effluxion of time, so there was no unfair dismissal. The appeal succeeded and the cross-appeal failed.

  • Fixed-term contract
  • Unfair dismissal
  • Termination of employment
  • Severance allowance
  • Affirmative action
  • Fixed-term-contract
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Employment law [2009] NASC 6

Namibian Broadcasting Corporation v Kruger and Others (SA 4 of 2007)

Namibian Broadcasting Corporation v Kruger and Others (SA 4 of 2007) [2009] NASC 6 (12 June 2009)

The Supreme Court of Namibia held that the parties’ exchanges formed a valid voluntary retrenchment contract, and that prior SWABC service was not included.

  • Voluntary retrenchment
  • Termination of employment
  • Offer and acceptance
  • Interpretation of contract terms
  • Employment-law
  • Contract-law
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Labour law [2004] NASC 8

Gross t/a Joes Beer House v Meintjies' (SA 4 of 2004)

Gross t/a Joes Beer House v Meintjies' (SA 4 of 2004) [2004] NASC 8 (15 December 2004)

Termination of employment by notice under section 47 of the Labour Act constitutes a dismissal as contemplated in section 45(1) if it is at the behest of the employer, and the fairness of such dismissal must be assessed under section 45 regardless of compliance with section 47.

  • Unfair dismissal
  • Termination of employment
  • Statutory interpretation
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Labour law [2003] NASC 13

Cronje v Municipality Council of Municipality of Mariental (SA 18 of 2002)

Cronje v Municipality Council of Municipality of Mariental (SA 18 of 2002) [2003] NASC 13 (1 August 2003)

Supreme Court of Namibia held the Labour Court had jurisdiction over declaratory relief about a town clerk’s tenure and alternative employment rights.

  • Jurisdiction of labour court
  • Termination of employment
  • Vested employment rights
  • Interpretation of statutes
  • Administrative justice
  • Waiver of rights
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Labour law [1999] NAHC 4

H.S Contractors v Hang (LCA 18 of 1998)

H.S Contractors v Hang (LCA 18 of 1998) [1999] NAHC 4 (30 July 1999)

Labour appeal on retrenchment procedure, compensation, and criminal conviction under the Labour Act. The employer was held liable, but the conviction and damages award were set aside.

  • Termination of employment
  • Retrenchment procedures
  • Jurisdiction of labour courts
  • Compensation for unfair termination
  • Labour-law
  • Termination-of-employment
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Namibia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.