REPUBLIC OF NAMIBIA LABOUR COURT OF NAMIBIA MAIN DIVISION, WINDHOEK JUDGMENT CASE NUMBER: LCA 55/14 In the matter between: TOW IN SPECIALIST CC APPELLANT and CHRISTOPH URINAVI RESPONDENT Neutral citation: Tow in Specialist CC v Urinavi (LCA 55-2014) [2016] NALCMD 3 (20 January 2016) CORAM: UEITELE, J Heard on: 22 May 2015 & 12 June 2016 Delivered 20 January 2016 Flynote: Labour law Dismissal Proof of Onus of proof on employee to — — — prove fact of a dismissal in unfair dismissal dispute in terms of s 33(4) of Labour Act 11 of 2007 Act of dismissal conscious and clearly expressed command or order directed — to employee that he/she was discharged from employer's service. Dismissal - For poor work performance - Requirements for lawful Labour law - dismissal - Substantive fairness - Employer to conduct assessment of employee's performance - Coaching and training essential for proper assessment.
REPUBLIC OF NAMIBIA LABOUR COURT OF NAMIBIA MAIN DIVISION, WINDHOEK JUDGMENT CASE NUMBER: LCA 55/14 In the matter between: TOW IN SPECIALIST CC APPELLANT and CHRISTOPH URINAVI RESPONDENT Neutral citation: Tow in Specialist CC v Urinavi (LCA 55-2014) [2016] NALCMD 3 (20 January 2016) CORAM: UEITELE, J Heard on: 22 May 2015 & 12 June 2016 Delivered 20 January 2016 Flynote: Labour law — Dismissal — Proof of — Onus of proof on employee to prove fact of a dismissal in unfair dismissal dispute in terms of s 33(4) of Labour Act 11 of 2007 — Act of dismissal conscious and clearly expressed command or order directed to employee that he/she was discharged from employer's service. Labour law - Dismissal - For poor work performance - Requirements for lawful dismissal - Substantive fairness - Employer to conduct assessment of employee's performance - Coaching and training essential for proper assessment.
Tow%20in%20Specialist%20CC%20v%20Urinavi%20(LCA%2055-2014)%20[2016]%20NALCMD%203%20(20%20January%202016).docx