Labour Commissioner v Matekane (LC 9 of 94) [1995] LSLC 24 (15 November 1995)

Labour Commissioner v Matekane (LC 9 of 94) [1995] LSLC 24 (15 November 1995)

The applicants sued the wrong party as evidence showed Jeremia Mpaka was the actual employer. The respondent has no case to answer and was wrongly sued.

Citation
[1995] LSLC 24
Parties
Applicant: Labour Commissioner; Respondent: Shephe Matekane
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
15 November 1995
Case Number
LC 9 of 94
Procedural Posture
Labour Dispute / Judgment After Hearing and Application for Absolution
Outcome
Application dismissed
Legal Topics
Employer Identification, Non Joinder, Absolution From the Instance
Source Language
English
Labour Law Employer Identification Non Joinder Absolution From the Instance

Case Brief

Summary, issues, holding and outcome

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Parties

Labour Commissioner

Applicant

Shephe Matekane

Respondent

Procedural Posture

Labour Dispute / Judgment After Hearing and Application for Absolution

Legal Issues

  1. 1 Whether the respondent was the employer of the complainants
  2. 2 Whether the application should be dismissed for non-joinder or wrong party sued

Ratio Decidendi

The applicants sued the wrong party as evidence showed Jeremia Mpaka was the actual employer. The respondent has no case to answer and was wrongly sued.

Court Disposition

Application dismissed

Orders

  • Application against the respondent is dismissed