Kule and Others v Lesotho Highlands Development Authority (LAC/CIV 5 of 2010) [2011] LSLAC 1 (26 January 2011)

Kule and Others v Lesotho Highlands Development Authority (LAC/CIV 5 of 2010) [2011] LSLAC 1 (26 January 2011)

The arbitrator's failure to consider the Human Resource manual and its provisions regarding mountain allowance and unequal treatment constituted a material error of law, warranting review and setting aside of the arbitral award.

Citation
[2011] LSLAC 1
Parties
1st Appellant: Lebohang Kule; 2nd Appellant: Ts’eliso Mphale; 3rd Appellant: Maebo Mohlakoana; 4th Appellant: Jobo Mohlakoana; 5th Appellant: Poulo Katse; Respondent: Lesotho Highlands Development Authority
Court
Labour Appeal Court
Jurisdiction
Lesotho
Judgment Date
26 January 2011
Case Number
LAC/CIV 5 of 2010
Procedural Posture
Labour Appeal / Appeal From Labour Court Judgment
Outcome
Appeal allowed
Legal Topics
Employment Contracts, Unequal Treatment, Application of HR Manual, Review of Arbitral Award
Source Language
English
Labour Law Employment Contracts Unequal Treatment Application of HR Manual Review of Arbitral Award

Case Brief

Summary, issues, holding and outcome

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Parties

Lebohang Kule

1st Appellant

Ts’eliso Mphale

2nd Appellant

Maebo Mohlakoana

3rd Appellant

Jobo Mohlakoana

4th Appellant

Poulo Katse

5th Appellant

Lesotho Highlands Development Authority

Respondent

Procedural Posture

Labour Appeal / Appeal From Labour Court Judgment

Legal Issues

  1. 1 Whether the arbitrator erred in failing to consider the Human Resource manual
  2. 2 Whether contracts entered into with a non-juristic entity were valid
  3. 3 Whether there was unequal treatment of employees contrary to the HR manual

Ratio Decidendi

The arbitrator's failure to consider the Human Resource manual and its provisions regarding mountain allowance and unequal treatment constituted a material error of law, warranting review and setting aside of the arbitral award.

Court Disposition

Appeal allowed

Orders

  • The appeal succeeds and the order of the Labour Court is altered to read 'the award of the DDPR is reviewed and set aside'.
  • The case is remitted to the DDPR for hearing de novo before a different arbitrator.