Pholosa v Bergers Stores (LC 9 of 99) [2000] LSLC 17 (9 November 2000)

Pholosa v Bergers Stores (LC 9 of 99) [2000] LSLC 17 (9 November 2000)

The applicant failed to provide a satisfactory and convincing explanation for the inordinate delay, did not show prospects of success, and did not establish that the interests of justice require condonation. The application for condonation was therefore dismissed with costs.

Citation
[2000] LSLC 17
Parties
Applicant: Claudia Pholosa; Respondent: Bergers Stores
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
9 November 2000
Case Number
LC 9 of 99
Procedural Posture
Application for Condonation of Late Filing of Unfair Dismissal Claim / Ruling on Condonation Application
Outcome
application for condonation dismissed with costs
Legal Topics
Condonation, Unfair Dismissal, Statutory Time Limits
Source Language
English
Labour Law Condonation Unfair Dismissal Statutory Time Limits

Case Brief

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Parties

Claudia Pholosa

Applicant

Bergers Stores

Respondent

Procedural Posture

Application for Condonation of Late Filing of Unfair Dismissal Claim / Ruling on Condonation Application

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for condonation of late filing of an unfair dismissal claim
  2. 2 Whether the interests of justice demand condonation in the circumstances

Ratio Decidendi

The applicant failed to provide a satisfactory and convincing explanation for the inordinate delay, did not show prospects of success, and did not establish that the interests of justice require condonation. The application for condonation was therefore dismissed with costs.

Court Disposition

application for condonation dismissed with costs

Orders

  • Application for condonation of late filing of claim for unfair dismissal is dismissed with costs.
  • Applicant's claims for severance pay, pension fund contribution, and accumulated leave may be set down for hearing.