03 mar ARBITRATION AWARD. Mr. ABRAHAM MALAN (APPLICANT) vs LLBIOFUELS NAMIBIA (PTY) LTD (RESPONDENT) RE + UNFAIR DISMISSAL OF MR. ABRAHAM MALAN DATE —: 16 FEBRUARY 2009 CASENO : NEKA 09/2009 DATE OF AWARD : 03 MARCH 2009 \ ARBITRATOR: IMELDA MWANGALA-BEBI OFFICE OF THE LABOUR COMMISSIONER KATIMA MULILO 03 wap nog Woweze Sarin aus Tea 2009oucauetion ‘is was compusor/sttutorabiratan and he cas was ste of eh ate complain claimed fr usr damata. The arbitration award was the deeion ofthe arbitrator after the tases in dssute his arttration lates toa age una amis ané none payment of wages or work done according to the agreement of Me, Abrahar Malan the appa by UL Bofues Namibia (Pry Lhe respondent) which lle he aso Be determines area in she hearing nd thei tis, leby te Labour Comimislner who provides statutory tration seve. In ths aitration te Abram Malan erent otuels and the Company was represented by Mr Skky UlsmitheCoamunity Senice Co-ordinator of Lupe strata Malo, Place, “re arbitration was conducted a he about Commissone ofc fatima Muto at 0300 on he 10 ot rebeusry 2009 and ater ws postoned tothe 16 february 2009 at 09. sashacouninfarmaton, ‘Mr Abraham Malan clames that he worked forthe Company fr twa months at salary of WS35,000.00, as Maintenance Supervsoras he was informedby a etain Mr Sen Gal that" Biofuel do not have poston of manager in mind othe ore. He laened nat he wat dismissed onthe 3" of October 1008. On he ayn question Ne wes formed by Mr iam hat the dweror MXKapanangs wanted to tak ohn ater hat day, where ne was gen aaa which tare ht folowing his persenal intractons between testa ang Government eas the company wo aed is senceanymore. wena wome qr with te offical staf rom Minty of Enment and Tors whe nae exercing Ye duis ae receling 9 report ofendangered spaces wich were hating people at atm arm and was sated hat there i any work one by nn fr the empany he must neice tne compar for payment. The applat ek hats dimbsalwasaroeduray wf ne a # nas handle, a was just alg within gt hours report ote oe, Petit hough he alent claimed forthe enstatement on the jb o 2 ance payoff NS 1.8 milon wna he wi sacate the house within 9 days, which asthe natn gen tl bythe company “i company beved that his misao eras Mr A Malan does ot share common interests 01 the den ana objectives of the company he company ered oa hm H$50 000.0 forthe imsunderetandgs, 20 ANALYSIS OF EVIDENCE INDINGS AND ARGUMENTS AUEGED UNFAIR DISMssAL ‘isnot my with wo summarte al he wence ae arguments eat the atration. Certain eience Us mater was nt dsuted sh contents of dcamens handed by pais. Loni objects to summon the documents ofthe miovtes fhe meeting whith wat helt the Youn Councton the 10" ly 208, which the spline wanted te ln my vw those mates were oto about related NT) Blues Namib PT a Me Kapwanga together wth MY Alam When neared at he aie he was eredith he letter whieh stated hat the company dees rat edn eres anymore ana Priore that he wasinformad by the projet manager hat he mut ot eportfrtherto the fie at