Factory Workers Union and Others v J.W. International (Pty) Ltd (LC 4 of 11) [2012] LSLC 5 (29 May 2012)

Factory Workers Union and Others v J.W. International (Pty) Ltd (LC 4 of 11) [2012] LSLC 5 (29 May 2012)

The three-year delay in filing the unfair dismissal claim was unreasonable and, in the absence of a statutory time limit, common law requires such claims to be filed within a reasonable period; condonation was necessary but not sought, so the application is dismissed.

Source-derived case information.

Citation
[2012] LSLC 5
Parties
Applicant: Factory Workers’ Union; Applicant: Sebolelo Makhose; Applicant: Ponts’o Motsamai; Applicant: Maretha Patjoa; Applicant: Veronica Makara; Applicant: Ntjoetso Lejaha; Applicant: Samuel Tlelaka; Applicant: Tiisetso Moeti; Applicant: Julia Tamatlapeng; Applicant: `Mapuleng Mokorobele; Respondent: J. W. International (Pty) Ltd
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
29 May 2012
Case Number
LC 4 of 11
Procedural Posture
Unfair Dismissal Claim / Preliminary Objection—application for Condonation Required Due to Delay
Outcome
Application dismissed
Legal Topics
Unfair Dismissal, Limitation Period, Condonation, Strike Action
Source Language
english
Labour Law Unfair Dismissal Limitation Period Condonation Strike Action

Source-derived case record

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Parties

Factory Workers’ Union

Applicant

Sebolelo Makhose

Applicant

Ponts’o Motsamai

Applicant

Maretha Patjoa

Applicant

Veronica Makara

Applicant

Ntjoetso Lejaha

Applicant

Samuel Tlelaka

Applicant

Tiisetso Moeti

Applicant

Julia Tamatlapeng

Applicant

`Mapuleng Mokorobele

Applicant

J. W. International (Pty) Ltd

Respondent

Procedural Posture

Unfair Dismissal Claim / Preliminary Objection—application for Condonation Required Due to Delay

Legal Issues

  1. 1 Whether the applicants’ unfair dismissal claim is time-barred due to unreasonable delay
  2. 2 Whether condonation is required in the absence of a statutory time limit for filing unfair dismissal claims before the Labour Court

Ratio Decidendi

The three-year delay in filing the unfair dismissal claim was unreasonable and, in the absence of a statutory time limit, common law requires such claims to be filed within a reasonable period; condonation was necessary but not sought, so the application is dismissed.

Court Disposition

Application dismissed

Orders

  • Application dismissed for unreasonable delay; no order as to costs