Pitso v Standard Bank Lesotho Ltd (LC 35 of 2007) [2008] LSLC 27 (2 October 2008)

Pitso v Standard Bank Lesotho Ltd (LC 35 of 2007) [2008] LSLC 27 (2 October 2008)

The applicant was fully consulted as the union president and was offered redeployment, which he rejected in writing, thereby electing retrenchment. The respondent followed fair procedures, and the applicant's claims of lack of consultation and procedural unfairness were found to be without merit. The application was dismissed with costs.

Citation
[2008] LSLC 27
Parties
Applicant: Lekhoa Pitso; Respondent: Standard Bank Lesotho Ltd
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
2 October 2008
Case Number
LC 35 of 2007
Procedural Posture
Labour / Judgment
Outcome
Application dismissed with costs.
Legal Topics
Retrenchment, Consultation Process, Redeployment, Procedural Fairness, Substantive Fairness, Recognition Agreement, Notice Period
Source Language
English

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Parties

Lekhoa Pitso

Applicant

Standard Bank Lesotho Ltd

Respondent

Procedural Posture

Labour / Judgment

  1. 1 Whether the applicant was consulted during the retrenchment process
  2. 2 Whether the applicant was afforded an opportunity for redeployment
  3. 3 Whether the respondent followed its own procedures and the Recognition Agreement

Ratio Decidendi

The applicant was fully consulted as the union president and was offered redeployment, which he rejected in writing, thereby electing retrenchment. The respondent followed fair procedures, and the applicant's claims of lack of consultation and procedural unfairness were found to be without merit. The application was dismissed with costs.

Court Disposition

Application dismissed with costs.

Orders

  • Application dismissed
  • Applicant to pay costs