Abiel Mashale v Lesotho Revenue Authority (LC 30 of 2014) [2014] LSLC 6 (7 February 2014)

Abiel Mashale v Lesotho Revenue Authority (LC 30 of 2014) [2014] LSLC 6 (7 February 2014)

The Labour Court has jurisdiction to determine claims for anticipated breach of contract, but the applicant failed to establish urgency and the Court lacks jurisdiction to grant a permanent interdict against retrenchment. The application is dismissed on these grounds.

Citation
[2014] LSLC 6
Parties
Applicant: Abiel Mashale; Respondent: Lesotho Revenue Authority
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
7 February 2014
Case Number
LC 30 of 2014
Procedural Posture
Application for Interdict and Anticipated Breach of Contract / Judgment on Preliminary Objections and Merits
Outcome
Application dismissed
Legal Topics
Anticipated Breach of Contract, Jurisdiction, Urgency in Applications, Retrenchment, Interdicts
Source Language
English
Labour Law Employment Law Anticipated Breach of Contract Jurisdiction Urgency in Applications Retrenchment Interdicts

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Parties

Abiel Mashale

Applicant

Lesotho Revenue Authority

Respondent

Procedural Posture

Application for Interdict and Anticipated Breach of Contract / Judgment on Preliminary Objections and Merits

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to determine a claim for anticipated breach of contract
  2. 2 Whether the application is urgent
  3. 3 Whether the Labour Court has jurisdiction to grant a permanent interdict against retrenchment

Ratio Decidendi

The Labour Court has jurisdiction to determine claims for anticipated breach of contract, but the applicant failed to establish urgency and the Court lacks jurisdiction to grant a permanent interdict against retrenchment. The application is dismissed on these grounds.

Court Disposition

Application dismissed

Orders

  • Application is dismissed for the reasons stated
  • The interim order granted on 22nd January 2014 is discharged