CASE NO.: LCA 02/2010

IN THE HIGH COURT OF NAMIBIA
In the matter between:
SHOPRITE NAMIBIA (PTY) LTD v FAUSTINO MOISES PAULO AND OTHER

PARKER J

2011 March 7

CASE NO.: LCA 02/2010

IN THE LABOUR COURT OF NAMIBIA

In the matter between:

and

FAUSTINO MOISES PAULO  					First Respondent
EMMA NIKANOR N.O. 						Second Respondent

Delivered on:       	2011 March 7

JUDGMENT

(1) The arbitrator erred on the law and/or on the facts in finding on the material before her that the instructions given by the appellant to the respondent were not clear.
(2) The arbitrator erred on the law and/or on the facts in finding on the material before her that the charges levelled by the appellant against the respondent did not justify dismissal and that the appellant had no valid reason to dismiss the respondent.
(3) The arbitrator erred on the law and/or on the facts in finding on the material before her that the transgressions forming the basis of charges 1-6 were all committed on 17 April 2009 and should have resulted in the appellant charging the respondent with the commission of a single offence.
(4) The arbitrator erred on the law and/or on the facts in finding on the material before her that the appellant, in disciplining the respondent for misconduct committed prior to the respondent making an appointment with Mr. Malan to discuss his grievance, treated the respondent unfairly.
(5) The arbitrator erred on the law and/or on the facts in finding on the material before her that the respondent was correct in refusing to share with the appellant the password to his computer and that the appellant was not serious in pursuing the matter.

'(1)   A party to a dispute may appeal to the Labour Court against an arbitrator's award made in terms of section 86 -

[6] I do not think the conduct of the appellant has reached the bar of vexatiousness or frivolousness within the meaning of s. 118 of the Labour Act. That being the case, I shall not make any order as to costs in favour of any party.

[7] For the aforegoing reasoning and conclusions, I hold that there is no proper appeal before the Court.
[8]      Whereupon I make the following orders:
1)	The appeal is dismissed.
There is no order as to costs.

PARKER J

COUNSEL ON BEHALF OF THE APPLICANT:
Adv R L Maasdorp

Instructed by:						Sisa Namandje & Co. Inc.