Teisi v Minopex Lesotho (Pty) Ltd (LC 56 of 2013) [2015] LSLC 2 (11 February 2015)

Teisi v Minopex Lesotho (Pty) Ltd (LC 56 of 2013) [2015] LSLC 2 (11 February 2015)

The Labour Court lacks jurisdiction over both claims as they fall within the exclusive jurisdiction of the DDPR under section 226(2) of the Labour Code (Amendment) Act 3 of 2000. The claims are not based on grounds that would vest jurisdiction in the Labour Court.

Citation
[2015] LSLC 2
Parties
Applicant: Kabelo Teisi; Respondent: Minopex Lesotho (Pty) Ltd
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
11 February 2015
Case Number
LC 56 of 2013
Procedural Posture
Labour Dispute / Jurisdictional Objection Ruling
Outcome
Claims dismissed for want of jurisdiction
Legal Topics
Jurisdiction, Unfair Dismissal, Underpayments, Discrimination
Source Language
English
Labour Law Jurisdiction Unfair Dismissal Underpayments Discrimination

Case Brief

Summary, issues, holding and outcome

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Parties

Kabelo Teisi

Applicant

Minopex Lesotho (Pty) Ltd

Respondent

Procedural Posture

Labour Dispute / Jurisdictional Objection Ruling

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction over claims for underpayments and unfair dismissal based on discrimination

Ratio Decidendi

The Labour Court lacks jurisdiction over both claims as they fall within the exclusive jurisdiction of the DDPR under section 226(2) of the Labour Code (Amendment) Act 3 of 2000. The claims are not based on grounds that would vest jurisdiction in the Labour Court.

Court Disposition

Claims dismissed for want of jurisdiction

Orders

  • Claims are dismissed for want of jurisdiction
  • The two claims fall within the DDPR jurisdiction