LACTWU v Crayon Garments (Pty) Ltd (LC 15 of 95) [1995] LSLC 2 (14 February 1995)

LACTWU v Crayon Garments (Pty) Ltd (LC 15 of 95) [1995] LSLC 2 (14 February 1995)

Affidavits are admissible in Labour Court proceedings provided they comply with stamp duty requirements; certain hearsay portions are struck off. Interim orders granted ex parte in urgent matters are not irregular under Rule 22(1). Representation by a legal practitioner is proper if the individual is admitted to practice, regardless of current employment. Absence of a formal resolution or list of complainants does not invalidate proceedings if authority and representation are otherwise established.

Citation
[1995] LSLC 2
Parties
Applicant: LACTWU; Respondent: Crayon Garments (Pty) Ltd
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
14 February 1995
Case Number
LC 15 of 95
Procedural Posture
Labour Court Ruling / Ruling on Points in Limine
Outcome
Applicants' points in limine partially upheld; respondents' points in limine dismissed.
Legal Topics
Admissibility of Affidavits, Stamp Duty Compliance, Representation Before Labour Court, Interim Orders, Authority to Represent, List of Complainants
Source Language
English
Labour Law Civil Procedure Admissibility of Affidavits Stamp Duty Compliance Representation Before Labour Court Interim Orders Authority to Represent List of Complainants

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Parties

LACTWU

Applicant

Crayon Garments (Pty) Ltd

Respondent

Procedural Posture

Labour Court Ruling / Ruling on Points in Limine

Legal Issues

  1. 1 Whether supporting affidavits filed by respondent are admissible under Labour Court rules
  2. 2 Whether affidavits are inadmissible due to inadequate stamp duty
  3. 3 Whether certain paragraphs of affidavits are hearsay and irrelevant

Ratio Decidendi

Affidavits are admissible in Labour Court proceedings provided they comply with stamp duty requirements; certain hearsay portions are struck off. Interim orders granted ex parte in urgent matters are not irregular under Rule 22(1). Representation by a legal practitioner is proper if the individual is admitted to practice, regardless of current employment. Absence of a formal resolution or list of complainants does not invalidate proceedings if authority and representation are otherwise established.

Court Disposition

Applicants' points in limine partially upheld; respondents' points in limine dismissed.

Orders

  • Respondent to affix correct stamp duty on supporting affidavits before admission.
  • Certain paragraphs of Cheng's affidavit struck off as hearsay.