Rasephali v CGM (Pty) Ltd (LC/20/08) [2009] LSLC 31 (27 August 2009)

Rasephali v CGM (Pty) Ltd (LC/20/08) [2009] LSLC 31 (27 August 2009)

The application is dismissed because the issue of non-compliance with the reinstatement order is res judicata, having been determined by the DDPR, and because the applicant delayed unreasonably in seeking enforcement.

Citation
[2009] LSLC 31
Parties
Applicant: Mohau Rasephali; Respondent: CGM (Pty) Ltd
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
27 August 2009
Case Number
LC/20/08
Procedural Posture
Contempt of Court Application / Judgment
Outcome
Application dismissed
Legal Topics
Contempt of Court, Reinstatement, Res Judicata, Delay in Enforcement
Source Language
English
Labour Law Civil Procedure Contempt of Court Reinstatement Res Judicata Delay in Enforcement

Case Brief

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Parties

Mohau Rasephali

Applicant

CGM (Pty) Ltd

Respondent

Procedural Posture

Contempt of Court Application / Judgment

Legal Issues

  1. 1 Whether the respondent is in contempt of court for failing to honour a reinstatement order
  2. 2 Whether the issue of non-compliance with the reinstatement order is res judicata
  3. 3 Whether the delay in bringing the application is unreasonable

Ratio Decidendi

The application is dismissed because the issue of non-compliance with the reinstatement order is res judicata, having been determined by the DDPR, and because the applicant delayed unreasonably in seeking enforcement.

Court Disposition

Application dismissed