Lesotho Highlands and Development Authority v Ntjebe and Others; InRe, Lesotho Highlands and Development Authority v Leemisa (C of A (CIV) 7 of 2012) [2012] LSCA 51 (19 October 2012)

Lesotho Highlands and Development Authority v Ntjebe and Others; InRe, Lesotho Highlands and Development Authority v Leemisa (C of A (CIV) 7 of 2012) [2012] LSCA 51 (19 October 2012)

The appellant is not entitled to rely on the Prescription Act 1861 as it was not properly pleaded or relied upon in the proceedings, and section 227(1) of the Labour Code (Amendment) Act 2000 does not limit the calculation of unpaid overtime for claims instituted directly in the Labour Court. Overtime is to be...

Source-derived case information.

Citation
[2012] LSCA 51
Parties
Appellant: Lesotho Highlands Development Authority; Respondents: Tsotang Ntjebe & Others; Respondent: Telang Leemisa; Respondent (substituted): Mokhethi Matsoso; Respondent (substituted): Mantai Falleng
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
19 October 2012
Case Number
C of A (CIV) 7 of 2012
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Prescription, Overtime Computation, Statutory Interpretation, Costs
Source Language
english
Labour Law Civil Procedure Prescription Overtime Computation Statutory Interpretation Costs

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Summary, issues, holding and outcome

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Parties

Lesotho Highlands Development Authority

Appellant

Tsotang Ntjebe & Others

Respondents

Telang Leemisa

Respondent

Mokhethi Matsoso

Respondent (substituted)

Mantai Falleng

Respondent (substituted)

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the Prescription Act 1861 applies to proceedings in the Labour Court and if the appellant can rely on it for overtime claims.
  2. 2 Whether section 227(1) of the Labour Code (Amendment) Act 2000 limits calculation of unpaid overtime to three years prior to institution of proceedings.
  3. 3 Whether unpaid overtime should be calculated on the basis of a twelve hour working day or a lesser period.

Ratio Decidendi

The appellant is not entitled to rely on the Prescription Act 1861 as it was not properly pleaded or relied upon in the proceedings, and section 227(1) of the Labour Code (Amendment) Act 2000 does not limit the calculation of unpaid overtime for claims instituted directly in the Labour Court. Overtime is to be calculated on the basis of an eight hour working day up to 1 August 1995 and a twelve hour working day thereafter, as per the applicable statutory provisions.

Court Disposition

appeal dismissed

Orders

  • Declaratory orders issued on the three points of law: (i) appellant not entitled to rely on Prescription Act 1861; (ii) section 227(1) of Labour Code (Amendment) Act 2000 not applicable to calculation of unpaid overtime; (iii) computation of unpaid overtime to be done on basis of eight hour working day up to 1...
  • Appellant to pay costs of appeal.