Otjiwarongo v Mootu and Others (72 of 2013) [2015] NALCMD 13 (6 January 2015)

REPUBLIC OF NAMIBIA LABOUR COURT OF NAMIBIA MAIN DIVISION, WINDHOEK JUDGMENT Case no: LCA 72/2013 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