Lesotho Workforce Trade Union and Another v Muela Hydropower Project Contractors and Another (LC 27 of 97) [1998] LSLC 2 (27 January 1998)

Lesotho Workforce Trade Union and Another v Muela Hydropower Project Contractors and Another (LC 27 of 97) [1998] LSLC 2 (27 January 1998)

The first applicant (trade union) lacked locus standi as there was no evidence it was properly formed or operating under the name used; the main action survives with the individual applicants. The issue of unfair dismissal is res judicata due to a compromise agreement reached between the recognised union (CAWULE) and the respondents, which settled the dispute. The issues of underpayment and discrimination are not determined and may proceed upon provision of further particulars.

Citation
[1998] LSLC 2
Parties
Applicant: Lesotho Workforce Trade Union; Applicant: Former Employees of Lesotho Highlands Project Contractors & Muela Hydropower Project Contractors (As reflected in Schedule 1); Respondent: Muela Hydropower Project Contractors; Respondent: Lesotho Highlands Project Contractors
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
27 January 1998
Case Number
LC 27 of 97
Procedural Posture
Labour Dispute / Ruling on Preliminary Objections (points in Limine)
Outcome
First applicant struck out for lack of locus standi; unfair dismissal claim declared res judicata; underpayment and discrimination claims to proceed upon further particulars; costs in the cause.
Legal Topics
Locus Standi, Trade Union Registration, Unfair Dismissal, Res Judicata, Compromise Agreement, Discrimination, Underpayment
Source Language
English
Labour Law Locus Standi Trade Union Registration Unfair Dismissal Res Judicata Compromise Agreement Discrimination Underpayment

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 4 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Lesotho Workforce Trade Union

Applicant

Former Employees of Lesotho Highlands Project Contractors & Muela Hydropower Project Contractors (As reflected in Schedule 1)

Applicant

Muela Hydropower Project Contractors

Respondent

Lesotho Highlands Project Contractors

Respondent

Procedural Posture

Labour Dispute / Ruling on Preliminary Objections (points in Limine)

Legal Issues

  1. 1 Whether the first applicant (trade union) has locus standi
  2. 2 Whether the originating application discloses a cause of action
  3. 3 Whether the relief sought is vague and unenforceable

Ratio Decidendi

The first applicant (trade union) lacked locus standi as there was no evidence it was properly formed or operating under the name used; the main action survives with the individual applicants. The issue of unfair dismissal is res judicata due to a compromise agreement reached between the recognised union (CAWULE) and the respondents, which settled the dispute. The issues of underpayment and discrimination are not determined and may proceed upon provision of further particulars.

Court Disposition

First applicant struck out for lack of locus standi; unfair dismissal claim declared res judicata; underpayment and discrimination claims to proceed upon further particulars; costs in the cause.

Orders

  • First applicant (Lesotho Workforce Trade Union) struck out as a party.
  • Unfair dismissal claim declared res judicata and dismissed as settled by compromise agreement.