Labour Commissioner v Matekane (LC 9 of 94) [1995] LSLC 23 (15 November 1995)

Labour Commissioner v Matekane (LC 9 of 94) [1995] LSLC 23 (15 November 1995)

The applicants sued the wrong party as evidence showed Jeremia Mpaka was the employer, not the respondent. The application is dismissed as the respondent has no case to answer.

Citation
[1995] LSLC 23
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
Outcome
application dismissed
Legal Topics
Employment Relationship, Non Joinder, Absolution From the Instance
Source Language
English
Labour Law Employment Relationship 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

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 misjoinder
  3. 3 Whether the court can grant absolution from the instance

Ratio Decidendi

The applicants sued the wrong party as evidence showed Jeremia Mpaka was the employer, not the respondent. The application is dismissed as the respondent has no case to answer.

Court Disposition

application dismissed

Orders

  • The application is dismissed.