Labour Commissioner v CGM Industrial (Pty) Ltd (LC 70 of 4) [2005] LSLC 9 (18 October 2005)

Labour Commissioner v CGM Industrial (Pty) Ltd (LC 70 of 4) [2005] LSLC 9 (18 October 2005)

The respondent failed to consult the complainants prior to retrenchment, violating the fundamental requirement of consultation in retrenchment, rendering the retrenchment unfair. The respondent also frustrated the reemployment of the complainants as per the DDPR settlement agreement.

Source-derived case information.

Citation
[2005] LSLC 9
Parties
Applicant: Labour Commissioner; Respondent: CGM Industrial (Pty) Ltd
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
18 October 2005
Case Number
LC 70 of 4
Procedural Posture
Labour Dispute / Judgment
Outcome
judgment for applicant
Legal Topics
Retrenchment, Consultation, Unfair Dismissal, Settlement Agreement, Reemployment
Source Language
english
Labour Law Retrenchment Consultation Unfair Dismissal Settlement Agreement Reemployment

Source-derived case record

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Parties

Labour Commissioner

Applicant

CGM Industrial (Pty) Ltd

Respondent

Procedural Posture

Labour Dispute / Judgment

Legal Issues

  1. 1 Whether the respondent failed to consult the complainants prior to retrenchment
  2. 2 Whether the respondent failed to reemploy the complainants as per the DDPR settlement agreement
  3. 3 Whether the retrenchment was unfair

Ratio Decidendi

The respondent failed to consult the complainants prior to retrenchment, violating the fundamental requirement of consultation in retrenchment, rendering the retrenchment unfair. The respondent also frustrated the reemployment of the complainants as per the DDPR settlement agreement.

Court Disposition

judgment for applicant

Orders

  • Respondent to reemploy the three complainants on a date not later than 21st November 2005.
  • Respondent to pay the wages the complainants would have earned from 8th November 2004 to the date of reemployment, such payments to be made to the office of the Labour Commissioner not later than 21st November 2005.