Moroka v Frasers Lesotho Ltd (LC 27 of 10) [2011] LSLC 26 (23 March 2011)

Moroka v Frasers Lesotho Ltd (LC 27 of 10) [2011] LSLC 26 (23 March 2011)

The applicant's cause of action is unfair dismissal, not a sexual harassment claim; therefore, the Labour Court lacks jurisdiction and the matter falls within the DDPR's mandate.

Citation
[2011] LSLC 26
Parties
Applicant: Moeketsi Moroka; Respondent: Frasers Lesotho Ltd.
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
23 March 2011
Case Number
LC 27 of 10
Procedural Posture
Labour Dispute / Ruling on Jurisdiction
Outcome
case remitted to DDPR for determination
Legal Topics
Unfair Dismissal, Sexual Harassment, Jurisdiction
Source Language
English
Labour Law Unfair Dismissal Sexual Harassment Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Moeketsi Moroka

Applicant

Frasers Lesotho Ltd.

Respondent

Procedural Posture

Labour Dispute / Ruling on Jurisdiction

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to determine an unfair dismissal based on sexual harassment
  2. 2 Whether the applicant's claim is properly characterized as unfair dismissal rather than a sexual harassment claim

Ratio Decidendi

The applicant's cause of action is unfair dismissal, not a sexual harassment claim; therefore, the Labour Court lacks jurisdiction and the matter falls within the DDPR's mandate.

Court Disposition

case remitted to DDPR for determination

Orders

  • The case is remitted to the Directorate of Dispute Prevention and Resolution (DDPR) for determination.