Pokhojoe v Lesotho Brewing Company (LC 66 of 0) [2002] LSLC 11 (5 August 2002)

Pokhojoe v Lesotho Brewing Company (LC 66 of 0) [2002] LSLC 11 (5 August 2002)

The applicant was properly consulted regarding both her transfer and retrenchment, the transfer to the canteen was permanent and supported by documentary evidence, and the retrenchment process was fair. The application lacks merit and is dismissed with costs.

Citation
[2002] LSLC 11
Parties
Applicant: Maleleng Phokojoe; Respondent: Lesotho Brewing Company
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
5 August 2002
Case Number
LC 66 of 0
Procedural Posture
Labour Dispute / Judgment
Outcome
Application dismissed with costs
Legal Topics
Retrenchment, Consultation, Transfer of Employment, Reinstatement
Source Language
English
Labour Law Retrenchment Consultation Transfer of Employment Reinstatement

Case Brief

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Parties

Maleleng Phokojoe

Applicant

Lesotho Brewing Company

Respondent

Procedural Posture

Labour Dispute / Judgment

Legal Issues

  1. 1 Whether the applicant was properly consulted prior to retrenchment
  2. 2 Whether the applicant was wrongly retrenched as a canteen assistant instead of tea lady/cleaner
  3. 3 Whether the applicant's transfer to the canteen was temporary or permanent

Ratio Decidendi

The applicant was properly consulted regarding both her transfer and retrenchment, the transfer to the canteen was permanent and supported by documentary evidence, and the retrenchment process was fair. The application lacks merit and is dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed with costs