Transnamib Holdings Ltd v Nakambonde (HC-MD-LAB-APP-AAA 24 of 2017) [2019] NALCMD 26 (1 November 2019)

Practice Directive 61 IN THE LABOUR COURT OF NAMIBIA Case Title: Case No: TRANSNAMIB HOLDINGS LTD vs BEN DANIEL HC-MD-LAB-APP-AAA-2017/00024 NAKAMBONDE Heard before: Honourable Mr Justice Unengu Neutral citation: Division of Court: HIGH COURT(MAIN DIVISION) Date of hearing: 25 October 2019. Date of order: 01 November 2019 Transnamib Holdings Ltd vs Ben Daniel Nakambonde (HC-MD-LAB-APP-AAA-2017/00024) [2019] NALCMD 26 (01 November 2019) Results on merits: Having read the record of proceedings as well as submissions made by counsel for the applicant and the respondent: IT IS HEREBY ORDERED THAT: a) The application for leave to appeal against the ruling of the condonation application for failure to file the statement in terms of rule 17 (16) of the Labour court rules is refused; b) The application for leave to appeal against the judgment on the merits is also refused. Reasons for orders: Application for condonation [1] This court is of the view that the Supreme Court will not come to a different conclusion as the application for leave against the refusal of condonation has no prospect of success on appeal. Merits [2] This court is of the view that the Supreme Court will also not come to a different conclusion as one reached by this court, based on the evidence placed before the arbitrator. There is also no prospect of success on appeal. Judge’s Signature E P UNENGU ACTING JUDGE Note to the parties: Not applicable. Respondent Mr Phatela Counsel: Applicant Mr Rukoro On instruction of the Directorate of Legal Aid On instruction of ENSafrica