Mothebe v Lesotho Flour Mills (LC 6 of 0) [2000] LSLC 18 (15 November 2000)

Mothebe v Lesotho Flour Mills (LC 6 of 0) [2000] LSLC 18 (15 November 2000)

The applicant's use of the company vehicle on a public holiday constituted a clear contravention of company policy, amounting to a stage 4 offence of unauthorised use, justifying dismissal. Procedural complaints were unfounded as the appeal process did not violate fairness principles.

Citation
[2000] LSLC 18
Parties
Applicant: Clement Mothebe; Respondent: Lesotho Flour Mills
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
15 November 2000
Case Number
LC 6 of 0
Procedural Posture
Labour / Judgment
Outcome
Application dismissed
Legal Topics
Dismissal for Misconduct, Company Policy, Procedural Fairness
Source Language
English

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 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Clement Mothebe

Applicant

Lesotho Flour Mills

Respondent

Procedural Posture

Labour / Judgment

  1. 1 Whether dismissal for unauthorised use of company vehicle on a public holiday was justified
  2. 2 Whether the disciplinary procedure was properly followed
  3. 3 Whether the gravity of punishment was commensurate with the offence

Ratio Decidendi

The applicant's use of the company vehicle on a public holiday constituted a clear contravention of company policy, amounting to a stage 4 offence of unauthorised use, justifying dismissal. Procedural complaints were unfounded as the appeal process did not violate fairness principles.

Court Disposition

Application dismissed