Lethibela v Phasemane Holdings (Pty) Ltd (LC 5 of 4) [2005] LSLC 15 (1 December 2005)
The applicant was consulted regarding the operational reasons for retrenchment and the decision to outsource security functions. The evidence of consultation was uncontroverted. The court will not interfere with the employer's commercial decision to outsource, and the retrenchment complied with the relevant guidelines.
- Citation
- [2005] LSLC 15
- Parties
- Applicant: Lethibela Lethibela; Respondent: Phasemane Holdings (Pty) Ltd
- Court
- Labour Court
- Jurisdiction
- Lesotho
- Judgment Date
- 1 December 2005
- Case Number
- LC 5 of 4
- Procedural Posture
- Labour Dispute / Judgment
- Outcome
- Application dismissed
- Legal Topics
- Retrenchment, Consultation, Unfair Dismissal, Outsourcing, Judicial Notice
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Lethibela Lethibela
Applicant
Phasemane Holdings (Pty) Ltd
Respondent
Procedural Posture
Labour Dispute / Judgment
Legal Issues
- 1 Whether the applicant's retrenchment amounted to unfair dismissal
- 2 Whether the respondent complied with consultation requirements under the codes of Good Practice
- 3 Whether the court should interfere with the employer's commercial decision to outsource
Ratio Decidendi
The applicant was consulted regarding the operational reasons for retrenchment and the decision to outsource security functions. The evidence of consultation was uncontroverted. The court will not interfere with the employer's commercial decision to outsource, and the retrenchment complied with the relevant guidelines.
Court Disposition
Application dismissed
Orders
- No order as to costs
Full Case Text
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