Ramaema and Another v Lerotholi Polytechnic and Another (LC 1 of 2010) [2010] LSLC 9 (12 May 2010)

Ramaema and Another v Lerotholi Polytechnic and Another (LC 1 of 2010) [2010] LSLC 9 (12 May 2010)

Referral of dispute to DDPR is not an appeal and does not automatically stay execution of disciplinary tribunal decision; applicants correctly approached court for urgent interim relief under section 228(1) due to DDPR closure; rule nisi interdicting eviction pending arbitration confirmed.

Citation
[2010] LSLC 9
Parties
Applicant: Masebofane Ramaema; Applicant: Puleng Sakoane; Respondent: Lerotholi Polytechnic; Respondent: Rector Lerotholi Polytechnic
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
12 May 2010
Case Number
LC 1 of 2010
Procedural Posture
Urgent Interim Interdict / Confirmation of Rule Nisi
Outcome
rule nisi confirmed
Legal Topics
Urgent Interim Relief, Staff Housing, Termination of Employment, Eviction, Appeal and Review, Disciplinary Proceedings
Source Language
English
Labour Law Administrative Law Urgent Interim Relief Staff Housing Termination of Employment Eviction Appeal and Review Disciplinary Proceedings

Case Brief

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Parties

Masebofane Ramaema

Applicant

Puleng Sakoane

Applicant

Lerotholi Polytechnic

Respondent

Rector Lerotholi Polytechnic

Respondent

Procedural Posture

Urgent Interim Interdict / Confirmation of Rule Nisi

Legal Issues

  1. 1 Whether referral to DDPR stays execution of disciplinary tribunal decision
  2. 2 Whether applicants are entitled to urgent interim relief against eviction pending arbitration
  3. 3 Whether common law rule of appeal staying execution applies to domestic administrative tribunals

Ratio Decidendi

Referral of dispute to DDPR is not an appeal and does not automatically stay execution of disciplinary tribunal decision; applicants correctly approached court for urgent interim relief under section 228(1) due to DDPR closure; rule nisi interdicting eviction pending arbitration confirmed.

Court Disposition

rule nisi confirmed

Orders

  • Respondents interdicted from evicting applicants from staff houses pending resolution of dispute by arbitration at DDPR
  • No order as to costs