Court name
Labour Court Main Division
Case number
LCA 72/2013
Case name
Otjiwarongo v Mootu and Others
Media neutral citation
[2015] NALCMD 13
Judge
Miller AJ
  • REPUBLIC OF NAMIBIA


    LABOUR COURT OF NAMIBIA MAIN DIVISION, WINDHOEK


    JUDGMENT


    Case no: LCA 72/2013


    DATE: 01 JUNE 2015


    In the matter between:


    FURNMART OTJIWARONGO......................................................................................APPELLANT


    And


    SAM MOOTU....................................................................................................FIRST RESPONDENT

    THE LABOUR COMMISSIONER............................................................SECOND RESPONDENT

    KLEOFAS GAINGOB NO..............................................................................THIRD RESPONDENT


    Neutral citation: Furnmart Otjiwarongo v Mootu (LCA 72-2013) [2015] NALCMD 13 (1 June 2015)


    Coram: MILLER J


    Heard: 14 March 2014


    Delivered: 1 June 2015


    ORDER


    JUDGMENT


    MILLER, AJ:


    This is an appeal against an arbitration award made by the arbitrator in the proceedings who is cited as the third respondent. It is impossible to deal with the merits of the matter because the record is incomplete. The record such as it is consists of two pages. That there are more facts which are not recorded as evident from the award itself wherein the third respondent refers to facts and circumstances which do not appear from the record of the evidence. This court has held on several occasions that an arbitrator must keep a complete and accurate record of the proceedings. In those circumstances, the award is set aside and the matter is referred back to the second respondent to appoint another arbitrator to hear the matter.



    P J MILLER

    Acting Judge

    APPEARANCES

    APPELANT:Mrs I Visser

    Instructed by La Grange Legal Practitioners.


    FIRST AND SECOND RESPONDENT: Mr S Rukoro

    Instructed by Directorate of Legal Aid











  • REPUBLIC OF NAMIBIA


    LABOUR COURT OF NAMIBIA MAIN DIVISION, WINDHOEK


    JUDGMENT


    Case no: LCA 72/2013


    DATE: 01 JUNE 2015


    In the matter between:


    FURNMART OTJIWARONGO......................................................................................APPELLANT


    And


    SAM MOOTU....................................................................................................FIRST RESPONDENT

    THE LABOUR COMMISSIONER............................................................SECOND RESPONDENT

    KLEOFAS GAINGOB NO..............................................................................THIRD RESPONDENT


    Neutral citation: Furnmart Otjiwarongo v Mootu (LCA 72-2013) [2015] NALCMD 13 (1 June 2015)


    Coram: MILLER J


    Heard: 14 March 2014


    Delivered: 1 June 2015


    ORDER


    JUDGMENT


    MILLER, AJ:


    This is an appeal against an arbitration award made by the arbitrator in the proceedings who is cited as the third respondent. It is impossible to deal with the merits of the matter because the record is incomplete. The record such as it is consists of two pages. That there are more facts which are not recorded as evident from the award itself wherein the third respondent refers to facts and circumstances which do not appear from the record of the evidence. This court has held on several occasions that an arbitrator must keep a complete and accurate record of the proceedings. In those circumstances, the award is set aside and the matter is referred back to the second respondent to appoint another arbitrator to hear the matter.



    P J MILLER

    Acting Judge

    APPEARANCES

    APPELANT:Mrs I Visser

    Instructed by La Grange Legal Practitioners.


    FIRST AND SECOND RESPONDENT: Mr S Rukoro

    Instructed by Directorate of Legal Aid