Lepekola Molieleng and Another v Paballo Ramochele and Another (LC/REV 16 of 8) [2013] LSLC 6 (18 March 2013)
The Labour Court has no jurisdiction to rescind a DDPR arbitral award; such applications must be made to the arbitrator who issued the award as per Regulation 29 of the Labour Code (DDPR) Regulations of 2001.
Source-derived case information.
- Citation
- [2013] LSLC 6
- Parties
- Applicant: Lepekola Molieleng; Applicant: M-Action Security Services (Pty) Ltd; Respondent: Paballo Ramochele; Respondent: The Learned Arbitrator – DDPR
- Court
- Labour Court
- Jurisdiction
- Lesotho
- Judgment Date
- 18 March 2013
- Case Number
- LC/REV 16 of 8
- Procedural Posture
- Application for Rescission of Arbitral Award / Judgment on Jurisdiction
- Outcome
- application dismissed for want of jurisdiction
- Legal Topics
- Jurisdiction, Rescission of Arbitral Award
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lepekola Molieleng
Applicant
M-Action Security Services (Pty) Ltd
Applicant
Paballo Ramochele
Respondent
The Learned Arbitrator – DDPR
Respondent
Procedural Posture
Application for Rescission of Arbitral Award / Judgment on Jurisdiction
Legal Issues
- 1 Whether the Labour Court has jurisdiction to rescind a DDPR arbitral award
Ratio Decidendi
The Labour Court has no jurisdiction to rescind a DDPR arbitral award; such applications must be made to the arbitrator who issued the award as per Regulation 29 of the Labour Code (DDPR) Regulations of 2001.
Court Disposition
application dismissed for want of jurisdiction
Orders
- The application is dismissed for want of jurisdiction.
- The award in A0251/2005 remains in force.
Full Case Text
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