Factory Workers Union v Crabtree (Pty) Ltd (LAC/CIV/A 9 of 13) [2013] LSLAC 3 (7 November 2013)

The Labour Court erred in declining jurisdiction; it had the power to review the conciliator's administrative action, and the matter should be referred for proper conciliation.

Citation: [2013] LSLAC 3
Parties: Appellant: Factory Workers Union; Respondent: Crabtree (Pty) Ltd
Court: Labour Appeal Court
Jurisdiction: Lesotho
Judgment Date: 7 November 2013
Case Number: LAC/CIV/A 9 of 13
Procedural Posture: Labour Appeal / Appeal From Labour Court
Outcome: Appeal allowed
Legal Topics: Jurisdiction, Review of Administrative Action, Conciliation Process, Labour Disputes
Source Language: English

Labour Law Jurisdiction Review of Administrative Action Conciliation Process Labour Disputes

Case Brief

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Parties

Factory Workers Union

Appellant

Crabtree (Pty) Ltd

Respondent

Procedural Posture

Labour Appeal / Appeal From Labour Court

Legal Issues

1 Whether the Labour Court had jurisdiction to review the decision of the conciliator
2 Whether the conciliator acted ultra vires by issuing strike rules without conciliation

Ratio Decidendi

The Labour Court erred in declining jurisdiction; it had the power to review the conciliator's administrative action, and the matter should be referred for proper conciliation.

Court Disposition

Appeal allowed

Orders

The appeal succeeds with costs.
The matter is referred to the DDPR for conciliation by a different conciliator.