Ireland v Mokonyana and Others (LC 90 of 14) [2014] LSLC 53 (21 November 2014)

Ireland v Mokonyana and Others (LC 90 of 14) [2014] LSLC 53 (21 November 2014)

The Labour Court lacks statutory authority to stay its proceedings pending the outcome of proceedings in another court, as such power is not conferred by its enabling statute or rules. The application for stay is therefore dismissed.

Citation
[2014] LSLC 53
Parties
Applicant: Ireland; Respondent: Thuto Mokonyana; Respondent: Sekhametsi Matamane; Respondent: `Mathakane Lerotholi; Respondent: Mpho Nts’ekhe; Respondent: Puseletso Ramohapi; Respondent: Lerata Lebitsa; Respondent: Alfred Ramohomane; Respondent: Relebohile Makhajane; Respondent: Teboho Nkalosi
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
21 November 2014
Case Number
LC 90 of 14
Procedural Posture
Interlocutory Application / Application for Stay of Proceedings Pending High Court Determination
Outcome
application for stay dismissed
Legal Topics
Diplomatic Immunity, Stay of Proceedings, Jurisdiction, Employment Termination, Fixed Term Contracts
Source Language
English
Labour Law International Law Civil Procedure Diplomatic Immunity Stay of Proceedings Jurisdiction Employment Termination Fixed Term Contracts

Case Brief

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Parties

Ireland

Applicant

Thuto Mokonyana

Respondent

Sekhametsi Matamane

Respondent

`Mathakane Lerotholi

Respondent

Mpho Nts’ekhe

Respondent

Puseletso Ramohapi

Respondent

Lerata Lebitsa

Respondent

Alfred Ramohomane

Respondent

Relebohile Makhajane

Respondent

Teboho Nkalosi

Respondent

Procedural Posture

Interlocutory Application / Application for Stay of Proceedings Pending High Court Determination

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to stay its proceedings pending High Court determination on diplomatic immunity
  2. 2 Whether answering the claim would amount to waiver of diplomatic immunity
  3. 3 Whether the Labour Court can grant the interim relief sought

Ratio Decidendi

The Labour Court lacks statutory authority to stay its proceedings pending the outcome of proceedings in another court, as such power is not conferred by its enabling statute or rules. The application for stay is therefore dismissed.

Court Disposition

application for stay dismissed

Orders

  • Application for stay of Labour Court case is dismissed.
  • Applicant granted 14 days from receipt of judgment to file answer.