Khauhelo Moeno v Security Lesotho (Pty) (LC 58 of 12) [2013] LSLC 23 (13 May 2013)

Khauhelo Moeno v Security Lesotho (Pty) (LC 58 of 12) [2013] LSLC 23 (13 May 2013)

The applicant's dismissal was both substantively and procedurally unfair as she did not participate in the alleged unlawful strike, was denied a fair hearing due to being placed on duty during the hearing, and the same person acted as both charging and presiding officer, breaching the rules of natural justice.

Citation
[2013] LSLC 23
Parties
Applicant: Khauhelo Moeno; Respondent: Security Lesotho (Pty) Ltd
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
13 May 2013
Case Number
LC 58 of 12
Procedural Posture
Labour Dispute Unfair Dismissal / Default Judgment
Outcome
Judgment for applicant
Legal Topics
Unfair Dismissal, Procedural Fairness, Substantive Fairness, Natural Justice, Compensation
Source Language
English
Labour Law Unfair Dismissal Procedural Fairness Substantive Fairness Natural Justice Compensation

Case Brief

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Parties

Khauhelo Moeno

Applicant

Security Lesotho (Pty) Ltd

Respondent

Procedural Posture

Labour Dispute Unfair Dismissal / Default Judgment

Legal Issues

  1. 1 Whether the applicant's dismissal was unfair both substantively and procedurally
  2. 2 Whether the applicant participated in an unlawful strike
  3. 3 Whether the respondent breached rules of natural justice

Ratio Decidendi

The applicant's dismissal was both substantively and procedurally unfair as she did not participate in the alleged unlawful strike, was denied a fair hearing due to being placed on duty during the hearing, and the same person acted as both charging and presiding officer, breaching the rules of natural justice.

Court Disposition

Judgment for applicant

Orders

  • Dismissal declared unfair both substantively and procedurally
  • Respondent to pay applicant M2,386.00 for lost earnings