Itumeleng Motso-Motso and Others v Eclat Evergood Textile Company (Pty) Ltd (LAC/CIV/A 18 of 13) [2013] LSLAC 18 (7 November 2013)
By agreement, the appeal succeeds and the Labour Court decision is set aside; the matter is remitted for hearing on the merits as conciliation had occurred.
Source-derived case information.
- Citation
- [2013] LSLAC 18
- Parties
- Appellant: Itumeleng Motso-Motso & 18 Others; Respondent: Eclat Evergood Textile Company (Pty) Ltd
- Court
- Labour Appeal Court
- Jurisdiction
- Lesotho
- Case Number
- LAC/CIV/A 18 of 13
- Procedural Posture
- Labour Appeal / Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Appeal, Remittal, Conciliation, Labour Court Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Itumeleng Motso-Motso & 18 Others
Appellant
Eclat Evergood Textile Company (Pty) Ltd
Respondent
Procedural Posture
Labour Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the Labour Court erred in not hearing the case on the merits after conciliation at DDPR
Ratio Decidendi
By agreement, the appeal succeeds and the Labour Court decision is set aside; the matter is remitted for hearing on the merits as conciliation had occurred.
Court Disposition
appeal allowed
Orders
- The appeal succeeds and the Labour Court decision is set aside.
- The matter is remitted to the Labour Court for adjudication on the merits.
Full Case Text
Judgment text and source record
1 paragraphs
0 IN THE LABOUR APPEAL COURT OF LESOTHO HELD AT MASERU LAC/CIV/A/18/13 LC/40/2012 In the matter between: ITUMELENG MOTSO-MOTSO & 18 OTHERS APPELLANTS AND ECLAT EVERGOOD TEXTILE COMPANY (PTY) LTD RESPONDENT CORAM: THE HONOURABLE MR JUSTICE K. E. MOSITO AJ. ASSESSORS Heard on Delivered on : : : MRS. M. THAKALEKOALA MRS. M. MALOISANE 23 OCTOBER 2013 7 NOVEMBER 2013 JUDGMENT MOSITO AJ 1. INTRODUCTION When the matter was called, the parties informed the court that by agreement, the matter should be remitted to the Labour Court directing the Labour Court to hear the case on the merits because the matter had been conciliated at the Directorate of Dispute Prevention and Resolution (DDPR). 2. COURT ORDER By agreement of the parties the following order is made: 1. 2. The appeal succeeds and the Labour Court decision is set aside. The matter is remitted to the Labour Court for adjudication as by agreement of the parties there had been conciliation before the matter was heard by the Labour Court. 3. There is no order as to costs. 3. This is an unanimous decision of the court. DR K. E. MOSITO AJ. Judge of the Labour Appeal Court For the Appellants For the Respondent : : Advocate M. S. Rasekoai Mr M. Klass