Matete v Institute of Development Management (LC 146 of 0) [2002] LSLC 12 (9 August 2002)

No binding settlement was reached as there was no consensus on the amounts due; the applicant is entitled to reinstatement as Country Director because he was neither dismissed nor suspended, and his right to resume duty is inherent in law and contract.

Citation: [2002] LSLC 12
Parties: Applicant: Khoai Matete; Respondent: Institute of Development Management
Court: Labour Court
Jurisdiction: Lesotho
Judgment Date: 9 August 2002
Case Number: LC 146 of 0
Procedural Posture: Labour / Judgment
Outcome: Applicant's prayers granted as prayed in the Originating Application, subject to deductions.
Legal Topics: Secondment, Reinstatement, Settlement, Suspension, Contract of Employment
Source Language: English

Employment Law Secondment Reinstatement Settlement Suspension Contract of Employment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2

Parties

Khoai Matete

Applicant

Institute of Development Management

Respondent

Procedural Posture

Labour / Judgment

Legal Issues

1 Whether the applicant is entitled to reinstatement as Country Director after secondment and acquittal
2 Whether a binding settlement was reached between the parties
3 Whether the applicant was lawfully suspended or dismissed

Ratio Decidendi

Court Disposition

Applicant's prayers granted as prayed in the Originating Application, subject to deductions.

Orders

Applicant to be reinstated to his substantive post as Country Director.
Applicant to be paid full salary and benefits from 1st October 1998 to date of reinstatement, less M67,000 earned through consultancies.