Lesotho Highlands Development Authority v Mohlobo and Others (LC/REV 9 of 12) [2012] LSLC 11 (22 October 2012)

Lesotho Highlands Development Authority v Mohlobo and Others (LC/REV 9 of 12) [2012] LSLC 11 (22 October 2012)

The applicant failed to establish any reviewable irregularity or procedural defect in the arbitrator's process. The grounds advanced were found to be appeal grounds, not review grounds, as they challenged the correctness of the arbitrator's conclusions rather than the process. The review application was therefore dismissed.

Citation
[2012] LSLC 11
Parties
Applicant: Lesotho Highlands Development Authority; Respondent: Thabo Mohlobo & 19 Others
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
22 October 2012
Case Number
LC/REV 9 of 12
Procedural Posture
Review Application / Judgment
Outcome
review application dismissed
Legal Topics
Review Vs Appeal, Arbitration Award, Employment Status, Allowances, Interpretation of Employment Contracts
Source Language
English
Labour Law Review Vs Appeal Arbitration Award Employment Status Allowances Interpretation of Employment Contracts

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Lesotho Highlands Development Authority

Applicant

Thabo Mohlobo & 19 Others

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the grounds raised by the applicant constitute reviewable grounds or are appeal grounds
  2. 2 Whether the arbitrator committed any reviewable irregularity in the process or procedure
  3. 3 Whether the arbitrator erred in determining the employment status of the respondents

Ratio Decidendi

The applicant failed to establish any reviewable irregularity or procedural defect in the arbitrator's process. The grounds advanced were found to be appeal grounds, not review grounds, as they challenged the correctness of the arbitrator's conclusions rather than the process. The review application was therefore dismissed.

Court Disposition

review application dismissed

Orders

  • The review application is dismissed.
  • There is no order as to costs.