Thamae v Water And Sewerage Authority (LC/REV 14 of 10) [2011] LSLC 9 (15 February 2011)

Thamae v Water And Sewerage Authority (LC/REV 14 of 10) [2011] LSLC 9 (15 February 2011)

The review application was filed one year and five months after receipt of the award, far outside the statutory 30-day period. No application for condonation was made, and even if condonation were sought, the applicant had no prospects of success on the merits as the only ground raised was a typographical error in the dismissal letter's date, which was explained and unchallenged.

Citation
[2011] LSLC 9
Parties
Applicant: Lebohang Solomon Thamae; Respondent: Water & Sewerage Authority
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
15 February 2011
Case Number
LC/REV 14 of 10
Procedural Posture
Review Application / Judgment on Application for Review and Condonation
Outcome
Application dismissed
Legal Topics
Review of Arbitration Award, Condonation for Late Filing, Unfair Dismissal
Source Language
English
Labour Law Review of Arbitration Award Condonation for Late Filing Unfair Dismissal

Case Brief

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Parties

Lebohang Solomon Thamae

Applicant

Water & Sewerage Authority

Respondent

Procedural Posture

Review Application / Judgment on Application for Review and Condonation

Legal Issues

  1. 1 Whether the review application was filed within the statutory period
  2. 2 Whether condonation for late filing should be granted
  3. 3 Whether the dismissal was procedurally and substantively fair

Ratio Decidendi

The review application was filed one year and five months after receipt of the award, far outside the statutory 30-day period. No application for condonation was made, and even if condonation were sought, the applicant had no prospects of success on the merits as the only ground raised was a typographical error in the dismissal letter's date, which was explained and unchallenged.

Court Disposition

Application dismissed

Orders

  • Application for review is dismissed for being filed out of time and without condonation.