- June 2, 2022
- |Concise Law Reports (CLR), Labour Law
LABOUR LAW – URGENT APPLICATION TO STAY OF ARBITRAL AWARD PENDING FINALIZATION OF APPEAL AGAINST AWARD
By way of urgent application, the applicant sought an order staying the execution of arbitration award pending finalization of an appeal against the award. The first respondent was employed by the applicant. He alleged that he was unfairly dismissed by the applicant, and he referred a complaint of unfair dismissal to the office of labour commissioner. The arbitrator found in favour of the first respondent and ordered the applicant to pay the first respondent an amount of N$962, 322. 21 in damages. The applicant launched an appeal against the award to interdict and stay the execution of the award.
NDAUENDAPO J held that:
- Application of such nature is inherently urgent provided the execution is reasonably imminent and applicant is not guilty of any blameable conduct in not bringing the application timeously.
- The grounds of appeal are against findings of law and therefore applicant has a right to appeal.
- The Court may refuse application to stay execution of award, pending finalization of appeal, if satisfied that the appeal is frivolous or vexatious or appeal is not bona fide.
- Held further that, where court is satisfied that the appeal was launched with bona fide intention, it must examine potentiality of irreparable harm to applicant and first respondent, respectively, and find where the balance lies.
- Held further that, first respondent has found alternative employment and proposed that the award must be paid in the trust account of his attorneys trust account and that shows that he will not suffer irreparable harm if the implementation of the award is suspended pending finalisation of the appeal.
As a result, the application succeeded.
Bateleur Helicopters CC v Heimstadt JNR NALCMD 16 June 2022