Libe Motholo and Others v Thetsane Hardware Building Material (Pty) Ltd (LC 45 of 2012) [2013] LSLC 70 (11 November 2013)

Libe Motholo and Others v Thetsane Hardware Building Material (Pty) Ltd (LC 45 of 2012) [2013] LSLC 70 (11 November 2013)

Given the respondent's financial loss and the need to balance the interests of both former and current employees, compensation is to be paid in six instalments equal to the applicants' last monthly salaries.

Citation
[2013] LSLC 70
Parties
Applicant: Libe Motholo; Applicant: Thabo Nkutu; Applicant: Rampai Rammulane; Applicant: Mashoai Labane; Respondent: Thetsane Hardware Building Material (Pty) Ltd
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
11 November 2013
Case Number
LC 45 of 2012
Procedural Posture
Labour Dispute / Judgment
Outcome
settlement enforced by court order
Legal Topics
Unfair Dismissal, Operational Requirements, Compensation, Instalment Payments
Source Language
English
Employment Law Unfair Dismissal Operational Requirements Compensation Instalment Payments

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Parties

Libe Motholo

Applicant

Thabo Nkutu

Applicant

Rampai Rammulane

Applicant

Mashoai Labane

Applicant

Thetsane Hardware Building Material (Pty) Ltd

Respondent

Procedural Posture

Labour Dispute / Judgment

Legal Issues

  1. 1 Whether the compensation for unfair dismissal should be paid in three or six instalments given the respondent's financial position.

Ratio Decidendi

Given the respondent's financial loss and the need to balance the interests of both former and current employees, compensation is to be paid in six instalments equal to the applicants' last monthly salaries.

Court Disposition

settlement enforced by court order

Orders

  • Respondent to pay settlement amounts in instalments equal to applicants' monthly salaries at termination.
  • All instalments to be paid on or before the last day of each month from November 2013 to April 2014.