(3) A statement authorising the employee referred to in sub-rule (2) to sign documents must be signed by each employee and be attached to the referral document together with a legible list of their full names and addresses.’ [8] It is common cause that in the court a quo, the point in limine taken by Agribank implicated sub-rule (1) only as the matter was not a joint referral. Context of the respondent’s in limine [9] When on 22 May 2012 the appellant referred the dispute to the Labour Commissioner, he simultaneously requested representation as contemplated by s 86(12) of the Labour Act. Subsection (12) states that a party may not be represented at arbitration proceedings except in the circumstances stated in subsection (13). [10] Section 86(13) states that: arbitrator may permit ‘An – (a) a legal practitioner to represent a party to a dispute in arbitration proceedings if – (i) the parties to the dispute agree; or (ii) at the request of a party to a dispute, the arbitrator is satisfied that – (aa) the dispute is of such complexity that it is appropriate for a party to be represented by a legal practitioner; and (bb) the other party to the dispute will not be prejudiced; or (b) any other individual to represent a party to a dispute in arbitration proceedings if- (i) the parties to the dispute agree; or
(3) A statement authorising the employee referred to in sub-rule (2) to sign documents must be signed by each employee and be attached to the referral document together with a legible list of their full names and addresses.’ [8] It is common cause that in the court a quo, the point in limine taken by Agribank implicated sub-rule (1) only as the matter was not a joint referral. Context of the respondent’s in limine [9] When on 22 May 2012 the appellant referred the dispute to the Labour Commissioner, he simultaneously requested representation as contemplated by s 86(12) of the Labour Act. Subsection (12) states that a party may not be represented at arbitration proceedings except in the circumstances stated in subsection (13). [10] Section 86(13) states that: ‘An arbitrator may permit – (a) a legal practitioner to represent a party to a dispute in arbitration proceedings if – (i) the parties to the dispute agree; or (ii) at the request of a party to a dispute, the arbitrator is satisfied that – (aa) the dispute is of such complexity that it is appropriate for a party to be represented by a legal practitioner; and (bb) the other party to the dispute will not be prejudiced; or (b) any other individual to represent a party to a dispute in arbitration proceedings if- (i) the parties to the dispute agree; or
Simana%20v%20Agribank%20of%20Namibia%20(SA17-2014)%20NASC%20(15%20July%202016).docx