REPUBLIC OF NAMIBIA LABOUR COURT OF NAMIBIA MAIN DIVISION, WINDHOEK JUDGMENT Case no: HC-MD-LAB-APP-AAA-2017/00013 In the matter between: ID BUILDING CONSTRUCTION CC FIRST APPELLANT DAVID IIPINGE SECOND APPELLANT and FUMA ERASMUS TANGENI FIRST RESPONDENT CHRISTOPHINAH MAGGY MBANGO (N.O) SECOND RESPONDENT THE LABOUR COMMISSIONER (N.O) THIRD RESPONDENT Neutral citation: ID Building Construction CC v Tangeni [2018] NALCMD 13 (21 June 2018) Coram: ANGULA DJP Heard: 23 March 2018 Delivered: 21 June 2018 Flynote: Labour Law Unopposed Labour Appeal Appellants seek an order to set – – aside an Dismissal An employer bears the onus to prove that the arbitrator’s award – – dismissal was substantively and procedurally fair That the dismissal was for a fair and – valid reason and that a fair procedure was followed Failure to adduce admissible – evidence Inadmissible hearsay evidence tendered Chairperson of the internal – – disciplinary hearing testifying on behalf of the employer Irregular and violation of fair – procedure.
REPUBLIC OF NAMIBIA LABOUR COURT OF NAMIBIA MAIN DIVISION, WINDHOEK JUDGMENT Case no: HC-MD-LAB-APP-AAA-2017/00013 In the matter between: ID BUILDING CONSTRUCTION CC FIRST APPELLANT DAVID IIPINGE SECOND APPELLANT and FUMA ERASMUS TANGENI FIRST RESPONDENT CHRISTOPHINAH MAGGY MBANGO (N.O) SECOND RESPONDENT THE LABOUR COMMISSIONER (N.O) THIRD RESPONDENT Neutral citation: ID Building Construction CC v Tangeni [2018] NALCMD 13 (21 June 2018) Coram: ANGULA DJP Heard: 23 March 2018 Delivered: 21 June 2018 Flynote: Labour Law – Unopposed Labour Appeal – Appellants seek an order to set aside an arbitrator’s award – Dismissal – An employer bears the onus to prove that the dismissal was substantively and procedurally fair – That the dismissal was for a fair and valid reason and that a fair procedure was followed – Failure to adduce admissible evidence – Inadmissible hearsay evidence tendered – Chairperson of the internal disciplinary hearing testifying on behalf of the employer – Irregular and violation of fair procedure.