November 22, 2023 LABOUR LAW – LABOUR COURT APPEAL – WHAT CIRCUMSTANCES AMOUNT TO CONSTRUCTIVE DISMISSAL? Council of the Municipality of Windhoek v Brandt (SA 72-2021) NASC [2023] (22 November 2023)
November 13, 2023 LABOUR LAW – LABOUR ACT 11 OF 2007 – SECTION 89 (2) – APPEAL – ARBITRATORS AWARD – APPLICATION FOR CONDONATION. Uushona v Walvis Bay Cargo Terminal NALCMD 649 (13 October 2023)
October 30, 2023 LABOUR LAW — LABOUR ACT 11 OF 2007 — SECTION 33 — APPEAL AGAINST AN ARBITRATION AWARD — WHETHER DISMISSAL WAS SUBSTANTIVELY AND PROCEDURALLY UNFAIR . Kavari v International University of Management NALCMD 52 (30 October 2023)
September 8, 2023 CIVIL PROCEDURE – LABOUR LAW PROCEEDINGS – CONDONATION APPLICATION – FAILURE TO PROSECUTE AN APPEAL WITHIN 90 DAYS AS PRESCRIBED BY RULE 17(25) OF THE LABOUR COURT RULES. Nangolo v Northern Quality Tombstones & Funeral Services NALCNLD (08 September 2023)
July 28, 2023 LABOUR LAW – APPEAL AGAINST ARBITRATION AWARD – WHETHER LABOUR COURT SITS AS A COURT APPEAL OR COURT OF FIRST INSTANCE – CORRECTNESS OF ORDERS DIRECTING PAYMENTS OF A GROSS SALARY AMOUNT WITHOUT DEDUCTIONS AND OF PAYMENT OF COSTS. Desert Fruit (Pty) Ltd v Smith and others NASC (28 July 2023)
July 25, 2023 LABOUR LAW – LABOUR COURT APPEAL – REVISITING THE DEFINITION OF EMPLOYEE IN TERMS OF THE LABOUR ACT 11 OF 2007. Swart v TubeOFlex Namibia (Pty) Ltd and Another NASC 15 (25 July 2016) The appellant alleged that he ...
July 7, 2023 LABOUR LAW – CONDONATION APPLICATION – INTERPRETATION OF SECTION 89(3) OF THE LABOUR ACT 11 OF 2007 AND RULE 17(25) OF THE LABOUR COURT RULES – COURT’S POWER TO CONDONE VIS-À-VIS LAPSING OF APPEAL . Haukambe v National Disability Council of Namibia NALCMD 28 (7 July 2023)
July 6, 2023 LABOUR LAW – URGENT APPLICATION TO STAY ARBITRATION AWARD PENDING APPEAL – POINTS IN LIMINE RAISED IN OPPOSITION. Agricultural Bank of Namibia v Kapolo NALCMD (6 July 2023)
June 27, 2023 LABOUR LAW – APPEAL – ARBITRATION – REQUIREMENT OF A PARTY REFERRING THE MATTER TO SIGN LC21 FORM IS NOT A MERE TECHNICALITY. Gatyeni v Namibia Post Limited NAHCMD (27 June 2023)
June 26, 2023 LABOUR LAW – APPEAL AGAINST ARBITRATION AWARD – POINTS IN LIMINE OF FAILURE TO PROPERLY OPPOSE APPEAL to RULE 17 (16) (b) OF THE LABOUR COURT RULES. QKR Navachab Gold Mine (Pty) Ltd v Nambondi NALCMD (26 June 2023) Whereas the arbitrator made an ...
June 26, 2023 LABOUR LAW – APPEAL AGAINST ARBITRATION AWARD – REASONABLENESS AND FAIRNESS – WHEN TO INTERFERE WITH THE DECISION OF AN EMPLOYER TO IMPOSE A SANCTION OF DISMISSAL. QKR Navachab Gold Mine (Pty) Ltd v Nambondi NALCMD (26 June 2023)
June 7, 2023 LABOUR LAW –DISMISSAL ON CHARGE OF GROSS INSOLENCE – LEGAL PRINCIPLES APPLICABLE TO INTERFERENCE OF ARBITRATION AWARD ON APPEAL. Coca-Cola Namibia Bottling Company (Pty) Ltd v Nghiyoonanye NALCMD (7 June 2023)
June 5, 2023 LABOUR LAW – REVIEW OF ARBITRATOR’S AWARD BASED ON CONDUCT OF THE ARBITRATOR IN DETERMINING POINTS IN LIMINE AND MERITS OF DISPUTE. Muchokwe v Anti-Corruption Commission NALCMD (5 June 2023)
May 12, 2023 LABOUR LAW – APPEAL OF ARBITRATION AWARD – LAPSE OF PERIOD IN WHICH TO LODGE COMPLAINT AT LABOUR COMMISSIONER. Fisheries Observer Agency v Shivute NALCMD 21 (12 May 2023)
April 27, 2023 CIVIL PROCEDURE – RECUSAL AND CONSIDERATIONS TO BE TAKEN INTO ACCOUNT IN DECIDING RECUSAL APPLICATIONS – THE KAMANYA PRINCIPLE AND ITS APPLICATION. Indongo Auto (Pty) Ltd) t/a Indongo Toyota v Iipinge NALCMD (27 April 2023)
April 27, 2023 LABOUR LAW – UNFAIR DISMISSAL – ARBITRATION AWARD – WHETHER AN EMPLOYER CAN DEPART FROM THE TERMS OF THE DISCIPLINARY CODE. Indongo Auto (Pty) Ltd) t/a Indongo Toyota v Iipinge NALCMD (27 April 2023)
April 27, 2023 LABOUR LAW – APPEAL AGAINST ARBITRATION AWARD – PROPER APPROACH TO THE RESOLUTION OF DISPUTES OF FACT AND FACTORS TO BE TAKEN INTO ACCOUNT. Indongo Auto (Pty) Ltd) t/a Indongo Toyota v Iipinge NALCMD (27 April 2023)
April 25, 2023 LEGISLATION – REVIEW OF PRIME MINISTER’S POWERS – PUBLIC SERVICE ACT, 13 OF 1995 LABOUR LAW – WHETHER THE LABOUR COURT IS SEPARATE FROM THE HIGH COURT. Masule v Prime Minister of the Republic of Namibia NASC; NAHCMD
April 4, 2023 LABOUR LAW – APPEAL – APPROACH THAT SHOULD BE ADOPTED IN DETERMINING THE SCOPE OF APPEALS AGAINST ARBITRATION AWARDS IN TERMS OF S 89(1)(A). Hambuda v The Municipal Council of Windhoek NALCMD (4 April 2023)
February 20, 2023 LABOUR LAW – APPEAL AGAINST ARBITRATION AWARD – SEVERANCE AND LOSS OF INCOME – LEGAL PRINCIPLES DISCUSSED AND APPLIED TO THE FACTS – Heritage Private School v Mutizwa