Rantsane v Shoprite Checkers (Pty) Ltd (LAC/CIV/A 29 of 2014) [2018] LSLAC 1 (21 March 2018)

Rantsane v Shoprite Checkers (Pty) Ltd (LAC/CIV/A 29 of 2014) [2018] LSLAC 1 (21 March 2018)

The statutory minimum wage for part-time employees must be calculated on a pro rata basis according to hours actually worked, not as the full monthly minimum wage for full-time employees. Ambiguity in the wage orders is resolved by applying the pro rata temporis principle from ILO Convention No.175, as mandated by section 4(c) of the Labour Code.

Citation
[2018] LSLAC 1
Parties
Appellant: Mapaseka Rantsane; Appellant: Seitebatso Chaka; Respondent: Shoprite Checkers (Pty) Ltd
Court
Labour Appeal Court
Jurisdiction
Lesotho
Judgment Date
21 March 2018
Case Number
LAC/CIV/A 29 of 2014
Procedural Posture
Labour Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Minimum Wage, Part Time Employment, Statutory Interpretation, Application of International Labour Standards
Source Language
English
Labour Law Minimum Wage Part Time Employment Statutory Interpretation Application of International Labour Standards

Case Brief

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Parties

Mapaseka Rantsane

Appellant

Seitebatso Chaka

Appellant

Shoprite Checkers (Pty) Ltd

Respondent

Procedural Posture

Labour Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether part-time employees working 100 hours per month are entitled to the full statutory monthly minimum wage applicable to full-time employees working 195 hours per month
  2. 2 How statutory minimum wage orders should be interpreted in relation to part-time employees
  3. 3 Whether ambiguity in wage orders should be resolved by reference to ILO Conventions

Ratio Decidendi

The statutory minimum wage for part-time employees must be calculated on a pro rata basis according to hours actually worked, not as the full monthly minimum wage for full-time employees. Ambiguity in the wage orders is resolved by applying the pro rata temporis principle from ILO Convention No.175, as mandated by section 4(c) of the Labour Code.

Court Disposition

appeal dismissed

Orders

  • Orders (1), (2), and (5) of the court a quo are confirmed
  • No order as to costs