Maile and Others v Frasers Lesotho Ltd and Another (LC/REV 377 of 2006) [2008] LSLC 15 (26 June 2008)
The arbitrator's dismissal of the claim on the merits without hearing evidence or submissions from the parties was irregular and contrary to procedural fairness; the award is reviewed and corrected, and the matter remitted for hearing of evidence.
Source-derived case information.
- Citation
- [2008] LSLC 15
- Parties
- Applicant: Maile Maile & 10 Others; 1st Respondent: Frasers Lesotho Ltd; 2nd Respondent: Arbitrator Malebanye
- Court
- Labour Court
- Jurisdiction
- Lesotho
- Case Number
- LC/REV 377 of 2006
- Procedural Posture
- Labour Court Review / Judgment on Review Application
- Outcome
- Award reviewed and corrected; matter remitted for hearing of evidence; no order as to costs.
- Legal Topics
- Review of Arbitral Award, Procedural Fairness, Remittal for Hearing of Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maile Maile & 10 Others
Applicant
Frasers Lesotho Ltd
1st Respondent
Arbitrator Malebanye
2nd Respondent
Procedural Posture
Labour Court Review / Judgment on Review Application
Legal Issues
- 1 Whether the arbitrator erred by dismissing the claim on merits without hearing evidence or submissions from parties
Ratio Decidendi
The arbitrator's dismissal of the claim on the merits without hearing evidence or submissions from the parties was irregular and contrary to procedural fairness; the award is reviewed and corrected, and the matter remitted for hearing of evidence.
Court Disposition
Award reviewed and corrected; matter remitted for hearing of evidence; no order as to costs.
Orders
- The award of the arbitrator Malebanye in referral E0135/05 is reviewed and corrected.
- The matter is remitted to the DDPR for the hearing of evidence.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE LABOUR COURT OF LESOTHO LC/REV/377/2006 HELD AT MASERU IN THE MATTER BETWEEN MAILE MAILE & 10 OTHERS APPLICANT AND FRASERS LESOTHO LTD ARBITRATOR MALEBANYE 1ST RESPONDENT 2ND RESPONDENT JUDGMENT This is an application for the review of the learned arbitrator Malebanye on the ground that after being addressed on the point raised by counsel for the 1st respondent herein the learned arbitrator proceeded to dismiss applicants claim on the merits without having been addressed by the parties thereon. On the date of hearing counsel for both parties recorded that they have agreed that the matter be remitted to the DDPR to enable the learned arbitrator to hear evidence which she admittedly had not heard when she dismissed the merits of applicants claim. At best the learned arbitrator had entirely relied on hearsay which was regurgitated by the representative for the 1st respondent from the bar. This counsels agree was irregular. Accordingly, the award of the learned arbitrator Malebanye in referral E0135/05 is reviewed and corrected as prayed. The matter is remitted to the DDPR for the hearing of evidence. There is no order as to costs. THUS DONE AT MASERU THIS 26TH DAY OF JUNE 2008 L. A. LETHOBANE PRESIDENT R. MOTHEPU MEMBER L. MATELA MEMBER I CONCUR I CONCUR FOR APPLICANTS: FOR RESPONDENT: ADV. SHALE ADV. MATOOANE 2