Mohapi and Others v Nien Hsing International (Pty) Ltd (LC 36 of 10) [2011] LSLC 4 (23 February 2011)

Mohapi and Others v Nien Hsing International (Pty) Ltd (LC 36 of 10) [2011] LSLC 4 (23 February 2011)

The workers' defiance of management's directive not to hold celebrations during working hours, and their refusal to resume work despite repeated ultimatums, constituted an unlawful strike or work stoppage. The employer's use of ultimatums satisfied procedural fairness requirements given the impracticability of individual hearings. Selection for reinstatement was based on objective criteria, including application for reemployment and involvement in restoring order. Dismissals were fair.

Citation
[2011] LSLC 4
Parties
Applicant: Lerato Mohapi & 93 Others; Respondent: Nien Hsing International (Pty) Ltd
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
23 February 2011
Case Number
LC 36 of 10
Procedural Posture
Labour Dispute Unfair Dismissal / Judgment
Outcome
Application dismissed
Legal Topics
Strike Definition, Unfair Dismissal, Procedural Fairness, Selective Rehiring, Audi Alteram Partem, Work Stoppage
Source Language
English
Labour Law Strike Definition Unfair Dismissal Procedural Fairness Selective Rehiring Audi Alteram Partem Work Stoppage

Case Brief

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Parties

Lerato Mohapi & 93 Others

Applicant

Nien Hsing International (Pty) Ltd

Respondent

Procedural Posture

Labour Dispute Unfair Dismissal / Judgment

Legal Issues

  1. 1 Whether the workers' conduct constituted a strike or unlawful work stoppage
  2. 2 Whether the dismissal procedure was fair and complied with audi alteram partem
  3. 3 Whether the selection criteria for reinstatement was fair and consistent

Ratio Decidendi

The workers' defiance of management's directive not to hold celebrations during working hours, and their refusal to resume work despite repeated ultimatums, constituted an unlawful strike or work stoppage. The employer's use of ultimatums satisfied procedural fairness requirements given the impracticability of individual hearings. Selection for reinstatement was based on objective criteria, including application for reemployment and involvement in restoring order. Dismissals were fair.

Court Disposition

Application dismissed

Orders

  • Application for unfair dismissal is dismissed.