Highway Spares (Pty) Ltd v Karala and Another (LAC/REV 2 of 8) [2008] LSLAC 6 (20 October 2008)
The court adopted the parties' settlement agreement as an order of the court, as both parties consented to the terms and requested the court to do so.
Source-derived case information.
- Citation
- [2008] LSLAC 6
- Parties
- Applicant: Highway Spares (Pty) Ltd; 1st Respondent: Mathabang Karala; 2nd Respondent: The Labour Court
- Court
- Labour Appeal Court
- Jurisdiction
- Lesotho
- Case Number
- LAC/REV 2 of 8
- Procedural Posture
- Labour Appeal / Ruling on Review and Recording of Settlement
- Outcome
- Settlement agreement adopted as order of the court; compensation for unfair dismissal deferred for negotiation.
- Legal Topics
- Salary Arrears, Severance Pay, Leave Pay, Public Holiday Pay, Wages, Settlement, Unfair Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Highway Spares (Pty) Ltd
Applicant
Mathabang Karala
1st Respondent
The Labour Court
2nd Respondent
Procedural Posture
Labour Appeal / Ruling on Review and Recording of Settlement
Legal Issues
- 1 Whether the settlement agreement between the parties should be made an order of the court
- 2 Entitlement to salary arrears, severance pay, leave pay, public holiday pay, and wages up to dismissal
- 3 Deferral of compensation for unfair dismissal
Ratio Decidendi
The court adopted the parties' settlement agreement as an order of the court, as both parties consented to the terms and requested the court to do so.
Court Disposition
Settlement agreement adopted as order of the court; compensation for unfair dismissal deferred for negotiation.
Orders
- Applicant to pay 1st respondent salary arrears from 7 November 2006 to 26 April 2007.
- Applicant to pay 1st respondent severance pay of M5,443.85.
Full Case Text
Judgment text and source record
1 paragraphs
LAC/REV/02/08 IN THE LABOUR APPEAL C O U RT OF LESOTHO HELD AT MASERU In the matter between: HIGHWAY SPARES (PTY) L TD APPLICANT AND MATHABANG KARALA 1st RESPONDENT T HE LABOUR COURT 2nd R E S P O N D E NT C O R A M: HON MR J U S T I CE K. E M O S I TO AJ. ASSESSORS: MR. R . M O T H E PU MR. L. M A T E LA 20 O C T O B ER 2008 HEARD: DELIVERED: 20 O C T O B ER 2008 RULING M O S I TO AJ: 1. This case came before us by way of review the decision of the learned Deputy President of Labour C o u rt 2. At the hearing of the application , the parties informed us that they had agreed to resolve the matter on the terms of paragraph 3 hereof which they requested to be made an order of court. 3. The terms of agreement by the parties were: 3.1 The 1st Respondent be paid her salary arrears as from the 7th day of November 2006 to the 26 day of April 2007, 3.2 1st Respondent be paid severance pay in the sum of M 5,443.85 (five thousand, four h u n d r ed and forty three and eighty five Lisente ) 3.3 1st Responded be paid leave pay in the amount of M 1,451.89 ( One thousand four hundred and fifty one maloti and eighty nine Lisente). 3.4 The 1st Respondent be paid public holiday pay in the sum of M2,626.87 ( Two thousand, six hundred and twenty six maloti and eighty seven Lisente). 3.5 1st Respondent be paid wages for the days worked up until the date of dismissal in the sum of M 483,90 ( four hundred and eighty three Maloti and ninety Lisente). 3 6 By close of business today on the 2 0th day of October 2008, Applicant is to pay to 1st Responded the sum of M10, 000.00 (ten thousand Maloti) in cash at 1st respondent's Lawyer's office. 3.7 Applicant is to pay M 1000. ( One thousand Maloti) in cash on or before the 1st day of each month beginning the 1st day of December 2008 at 1st respondent's Lawyer's office until the entire amount due is fully paid up. 3.3 The issue of compensation for unfair dismissal is hereby deferred for further negotiations between the parties. 4. The terms of agreement as detailed out in paragraph 3.1 to 3.8 above are hereby made an order of court 5. My assessors agreed, MR. K. E. MOSITO Judge of the Labour Appeal Court For applicant: Advocate K. Letsie For Respondent: Advocate T. М а р а к