Leuta and Another v Lesotho Brewing Company (Pty) Ltd (LC 81 of 0) [2001] LSLC 3 (2 March 2001)

Leuta and Another v Lesotho Brewing Company (Pty) Ltd (LC 81 of 0) [2001] LSLC 3 (2 March 2001)

The court held that constructive dismissal is a form of unfair dismissal and thus subject to the six-month limitation period under section 70(1) of the Labour Code Order 1992. As the applicants filed their claims outside this period without seeking condonation, the court lacked jurisdiction to hear the matter.

Source-derived case information.

Citation
[2001] LSLC 3
Parties
1st Applicant: Ntjolo Leuta; 2nd Applicant: Nephtali Makoko; Respondent: Lesotho Brewing Company (Pty) Ltd
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
2 March 2001
Case Number
LC 81 of 0
Procedural Posture
Labour Court Application / Jurisdictional Ruling on Preliminary Objection
Legal Topics
Constructive Dismissal, Unfair Dismissal, Jurisdiction, Limitation Period
Source Language
english
Labour Law Constructive Dismissal Unfair Dismissal Jurisdiction Limitation Period

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ntjolo Leuta

1st Applicant

Nephtali Makoko

2nd Applicant

Lesotho Brewing Company (Pty) Ltd

Respondent

Procedural Posture

Labour Court Application / Jurisdictional Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the applicants' claims for constructive dismissal are time-barred under section 70(1) of the Labour Code Order 1992
  2. 2 Whether the Labour Court has jurisdiction to hear the claims filed outside the statutory period without condonation

Ratio Decidendi

The court held that constructive dismissal is a form of unfair dismissal and thus subject to the six-month limitation period under section 70(1) of the Labour Code Order 1992. As the applicants filed their claims outside this period without seeking condonation, the court lacked jurisdiction to hear the matter.