Qhojeng v Lesotho Highlands Project Contractors (LC 145 of 95) [1996] LSLC 15 (23 December 1996)

Qhojeng v Lesotho Highlands Project Contractors (LC 145 of 95) [1996] LSLC 15 (23 December 1996)

The dismissal complied with the Collective Bargaining Agreement as the nature of the offence (assault) justified immediate punitive action without the need for educational or corrective steps, and there was no evidence that the required sanction by the Project Manager was lacking. Suspension prior to the hearing was not prohibited by the agreement and was within the employer's rights.

Citation
[1996] LSLC 15
Parties
Applicant: Anthony Qhojeng; Respondent: Lesotho Highlands Project Contractors
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
23 December 1996
Case Number
LC 145 of 95
Procedural Posture
Labour / Judgment
Outcome
Application dismissed
Legal Topics
Dismissal, Disciplinary Procedure, Collective Bargaining Agreement, Suspension
Source Language
English
Labour Law Dismissal Disciplinary Procedure Collective Bargaining Agreement Suspension

Case Brief

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Parties

Anthony Qhojeng

Applicant

Lesotho Highlands Project Contractors

Respondent

Procedural Posture

Labour / Judgment

Legal Issues

  1. 1 Whether the applicant's dismissal complied with the Collective Bargaining Agreement
  2. 2 Whether the disciplinary procedures under Clause 6.1 and 6.5.1 were followed
  3. 3 Whether suspension prior to disciplinary hearing was permissible

Ratio Decidendi

The dismissal complied with the Collective Bargaining Agreement as the nature of the offence (assault) justified immediate punitive action without the need for educational or corrective steps, and there was no evidence that the required sanction by the Project Manager was lacking. Suspension prior to the hearing was not prohibited by the agreement and was within the employer's rights.

Court Disposition

Application dismissed