Court name
Labour Court Main Division
Case number
HC-MD-LAB-APP-AAA 66 of 2018

Namibia Food and Allied Workers Union v Nampharm (Pty) Ltd and Another (HC-MD-LAB-APP-AAA 66 of 2018) [2019] NALCMD 27 (01 November 2019);

Media neutral citation
[2019] NALCMD 27
Case summary:

Labour Law - Unfair labour practice - List of conduct constituting unfair labour practice prescribed in Labour Act, s 50(1)(a)-(g), - numerus clausus - termination of recognition agreement- jurisdiction of arbitrator with reference to unfairlabour practice - termination of agreement not an unfair labour practice within meaning of section 50(1) - appeal dismissed.

Headnote and holding:

The appellant, dissatisfied with the termination of a recognition agreement, referred a dispute of unfair labour practice to the Office of the Labour Commissioner. At the commencement of the proceedings the respondent raised a point in limine, contending that the referral is bad in law as not falling within the ambit of section 50( 1). The arbitrator heard evidence on the entire matter and at the end of proceedings dismissed the case.

Held an unfair labour practice is narrowly circumscribed by the categories contained in section 50(1 )(a) - (g).

Held conduct falling outside section 50(1 )(a) - (g) does not constitute an unfair labour practice.

Held further a challenge to an employer's contractual right to terminate a recognition agreement does not constitute conduct capable of falling within any one of the list of categories enumerated at section 50(1 )(a) - (g).

Claasen AJ