Maboee v Lesotho Mountain Brewery (Pty) Ltd (LC 49 of 11) [2011] LSLC 29 (23 November 2011)

Maboee v Lesotho Mountain Brewery (Pty) Ltd (LC 49 of 11) [2011] LSLC 29 (23 November 2011)

The discretion to allow legal representation at disciplinary hearings rests with the employer. There is no statutory or common law right to legal representation in internal disciplinary proceedings in Lesotho. The applicant failed to demonstrate that the circumstances warranted departure from the employer's code or that denial of legal representation would result in an unfair hearing.

Citation
[2011] LSLC 29
Parties
Applicant: Moeko Maboee; Respondent: Maluti Mountain Brewery (Pty) Ltd
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
23 November 2011
Case Number
LC 49 of 11
Procedural Posture
Labour Dispute Application for Legal Representation at Disciplinary Hearing / Judgment on Application for Legal Representation at Internal Disciplinary Enquiry
Outcome
Application dismissed
Legal Topics
Legal Representation at Disciplinary Hearings, Fair Administrative Procedure, Employer Discretion in Disciplinary Processes
Source Language
English
Labour Law Administrative Law Legal Representation at Disciplinary Hearings Fair Administrative Procedure Employer Discretion in Disciplinary Processes

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 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Moeko Maboee

Applicant

Maluti Mountain Brewery (Pty) Ltd

Respondent

Procedural Posture

Labour Dispute Application for Legal Representation at Disciplinary Hearing / Judgment on Application for Legal Representation at Internal Disciplinary Enquiry

Legal Issues

  1. 1 Whether the applicant is entitled to legal representation at an internal disciplinary hearing
  2. 2 Whether denial of legal representation violates the right to a fair hearing

Ratio Decidendi

The discretion to allow legal representation at disciplinary hearings rests with the employer. There is no statutory or common law right to legal representation in internal disciplinary proceedings in Lesotho. The applicant failed to demonstrate that the circumstances warranted departure from the employer's code or that denial of legal representation would result in an unfair hearing.

Court Disposition

Application dismissed

Orders

  • No order as to costs