Labour Commissioner v Fish Eagle Security (Pty) Ltd (LC 20/01; LC 21/01) [2002] LSLC 14 (2 October 2002)

Labour Commissioner v Fish Eagle Security (Pty) Ltd (LC 20/01; LC 21/01) [2002] LSLC 14 (2 October 2002)

The court found that the complainants were entitled to the statutory minimum wage regardless of any agreement to the contrary, and that the dismissal of Khabele Tsilo was lawful due to failure to provide proof of illness. Leave and outstanding salary claims were unchallenged and granted, except for notice pay for Tsilo and five days not worked by Taolane.

Citation
[2002] LSLC 14
Parties
Applicant: Labour Commissioner; Respondent: Fish Eagle Security (Pty) Ltd.
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
2 October 2002
Case Number
LC 20/01 ; LC 21/01
Procedural Posture
Labour Dispute / Judgment After Hearing, Respondent Absent
Outcome
Applicant's claims substantially allowed; partial refusal of notice pay and salary for days not worked.
Legal Topics
Minimum Wage, Unlawful Dismissal, Leave Pay, Underpayment, Notice Pay
Source Language
English
Labour Law Minimum Wage Unlawful Dismissal Leave Pay Underpayment Notice Pay

Case Brief

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Parties

Labour Commissioner

Applicant

Fish Eagle Security (Pty) Ltd.

Respondent

Procedural Posture

Labour Dispute / Judgment After Hearing, Respondent Absent

Legal Issues

  1. 1 Whether the complainants were underpaid below statutory minimum wage
  2. 2 Whether the dismissal of Khabele Tsilo was lawful
  3. 3 Whether complainants are entitled to leave pay and outstanding salary

Ratio Decidendi

The court found that the complainants were entitled to the statutory minimum wage regardless of any agreement to the contrary, and that the dismissal of Khabele Tsilo was lawful due to failure to provide proof of illness. Leave and outstanding salary claims were unchallenged and granted, except for notice pay for Tsilo and five days not worked by Taolane.

Court Disposition

Applicant's claims substantially allowed; partial refusal of notice pay and salary for days not worked.

Orders

  • Respondent to pay Tlali Taolane the amount claimed less five days of March not worked.
  • Respondent to pay Khabele Tsilo as prayed except for notice pay, which is refused.