Ratsoane v Pact Lesotho (LC 74 of 2013) [2015] LSLC 52 (10 August 2015)

Ratsoane v Pact Lesotho (LC 74 of 2013) [2015] LSLC 52 (10 August 2015)

The respondent failed to follow the required fair procedure for dismissal based on operational requirements, as there was no genuine consultation or joint problem-solving with the applicant. The dismissal was therefore procedurally unfair and the applicant is entitled to compensation for the period she was unemployed and for the salary difference until the end of her contract.

Citation
[2015] LSLC 52
Parties
Applicant: Boithatelo Ratsoane; Respondent: PACT Lesotho
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
10 August 2015
Case Number
LC 74 of 2013
Procedural Posture
Unfair Dismissal Claim / Judgment
Outcome
claim allowed
Legal Topics
Unfair Dismissal, Retrenchment, Procedural Fairness, Compensation
Source Language
English
Labour Law Unfair Dismissal Retrenchment Procedural Fairness Compensation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Boithatelo Ratsoane

Applicant

PACT Lesotho

Respondent

Procedural Posture

Unfair Dismissal Claim / Judgment

Legal Issues

  1. 1 Whether the dismissal of the applicant was procedurally fair under operational requirements
  2. 2 Whether the applicant is entitled to compensation for the remainder of her contract

Ratio Decidendi

The respondent failed to follow the required fair procedure for dismissal based on operational requirements, as there was no genuine consultation or joint problem-solving with the applicant. The dismissal was therefore procedurally unfair and the applicant is entitled to compensation for the period she was unemployed and for the salary difference until the end of her contract.

Court Disposition

claim allowed

Orders

  • The dismissal of the applicant is declared unfair.
  • Respondent to pay applicant compensation of M145,105 within 30 days.