Mapiloko v Pannar Seed Lesotho (Pty) Ltd (LAC/REV/153/05; LC/REV/436/06) [2007] LSLC 18 (25 July 2007)

Mapiloko v Pannar Seed Lesotho (Pty) Ltd (LAC/REV/153/05; LC/REV/436/06) [2007] LSLC 18 (25 July 2007)

The applicant's claim does not fall within the exclusive jurisdiction of the Labour Court as defined by section 226(1) of the Labour Code; it is not an unfair labour practice, unfair dismissal for reasons specified, nor does it require interpretation of the Labour Code. The matter must be determined by the DDPR.

Citation
[2007] LSLC 18
Parties
Applicant: Lenka Mapiloko; Respondent: Pannar Seed Lesotho (PTY) Ltd
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
25 July 2007
Case Number
LAC/REV/153/05 ; LC/REV/436/06
Procedural Posture
Review / Ruling
Outcome
application dismissed
Legal Topics
Jurisdiction, Unfair Dismissal, Unfair Labour Practice, Legal Representation
Source Language
English
Labour Law Jurisdiction Unfair Dismissal Unfair Labour Practice Legal Representation

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Parties

Lenka Mapiloko

Applicant

Pannar Seed Lesotho (PTY) Ltd

Respondent

Procedural Posture

Review / Ruling

Legal Issues

  1. 1 Does the Labour Court have jurisdiction over the applicant's claim?
  2. 2 Is the applicant's dismissal an unfair labour practice or unfair dismissal under the Labour Code?
  3. 3 Is the disciplinary hearing held outside Lesotho procedurally unfair?

Ratio Decidendi

The applicant's claim does not fall within the exclusive jurisdiction of the Labour Court as defined by section 226(1) of the Labour Code; it is not an unfair labour practice, unfair dismissal for reasons specified, nor does it require interpretation of the Labour Code. The matter must be determined by the DDPR.

Court Disposition

application dismissed

Orders

  • Labour Court lacks jurisdiction; matter to be determined by DDPR.
  • No order as to costs.