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)

In this appeal from the Labour Court – the first respondent (Mr. Smith) was employed by the appellant (Desert Fruit) in 2005 as its chief executive officer until he was dismissed on 11 December 2019 (his gross monthly salary was N$112 000). In April 2017, Mr. Smith went on leave with the view to negotiate a separation package with Desert Fruit. He was however subsequently suspended without pay with effect from 1 October 2017 pending disciplinary proceedings which proceeded thereafter. Before the conclusion of the disciplinary enquiry, Mr. Smith lodged a dispute of unfair labour practice (concerning his suspension without . . .

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