2. There is no order as to costs. ____________________________________________________________________ JUDGMENT ____________________________________________________________________ NDAUENDAPO, J [1] This is an application for leave to appeal against judgment delivered on 20 April 2016. In that judgment the court ordered that: The application for condonation for the late noting of the appeal is granted. ‘1. 2. The application for the re-instatement of the appeal is granted and the appeal is hereby re-instated. 3. The appeal succeeds. 4. Paragraph 1 of the award is set aside and substituted with the following: arbitrator’s First respondent is ordered to pay the employees of Fisheries Observer Agency for Sundays and Public holidays worked in terms of sections 21 and 22 of the Labour Act 2007 (Act No 11 of 2007). 5. There is no order as to costs.’ [2] The grounds of appeal are as follows The Honourable Court misdirected itself in the following respects: ‘A. The learned judge erred on the law and/or the facts in that: He found that the representative Sonny Ndalumbumo only Respondent’s needed to allege that he was duly authorized in order to counter the challenge to his authority and that Mr. Ndalumbumo had satisfied such onus. On the facts and in law Mr. Ndalumbumo was required to provide further proof of his authority or was at least required to indicate when, by whom or
2. There is no order as to costs. ____________________________________________________________________ JUDGMENT ____________________________________________________________________ NDAUENDAPO, J [1] This is an application for leave to appeal against judgment delivered on 20 April 2016. In that judgment the court ordered that: ‘1. The application for condonation for the late noting of the appeal is granted. 2. The application for the re-instatement of the appeal is granted and the appeal is hereby re-instated. 3. The appeal succeeds. 4. Paragraph 1 of the arbitrator’s award is set aside and substituted with the following: First respondent is ordered to pay the employees of Fisheries Observer Agency for Sundays and Public holidays worked in terms of sections 21 and 22 of the Labour Act 2007 (Act No 11 of 2007). 5. There is no order as to costs.’ [2] The grounds of appeal are as follows ‘A. The Honourable Court misdirected itself in the following respects: The learned judge erred on the law and/or the facts in that: He found that the Respondent’s representative Sonny Ndalumbumo only needed to allege that he was duly authorized in order to counter the challenge to his authority and that Mr. Ndalumbumo had satisfied such onus. On the facts and in law Mr. Ndalumbumo was required to provide further proof of his authority or was at least required to indicate when, by whom or
Fisheries%20Observer%20Agency%20v%20Namibia%20Public%20Workers%20Union%20(LCA%203-2015)%20[2016]%20NALCMD%2033%20(17%20August%202016).docx