Lebitsa v Khetla and Another (A0040/07; LC/REV/27/07) [2009] LSLC 4 (25 March 2009)

Lebitsa v Khetla and Another (A0040/07; LC/REV/27/07) [2009] LSLC 4 (25 March 2009)

The award was set aside because it was based on information obtained during conciliation, which is confidential and inadmissible in arbitration, and because the proceedings did not comply with mandatory procedural requirements.

Citation
[2009] LSLC 4
Parties
Applicant: MohloMinyane Lebitsa; 1st Respondent: Thabo Khetla; 2nd Respondent: Directorate of Dispute Prevention and Resolution
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
25 March 2009
Case Number
A0040/07 ; LC/REV/27/07
Procedural Posture
Review Application / Judgment
Outcome
award reviewed, corrected and set aside
Legal Topics
Confidentiality in Conciliation, Procedural Irregularity, Arbitration Award Review
Source Language
English
Labour Law Confidentiality in Conciliation Procedural Irregularity Arbitration Award Review

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 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

MohloMinyane Lebitsa

Applicant

Thabo Khetla

1st Respondent

Directorate of Dispute Prevention and Resolution

2nd Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether it was irregular for the arbitrator to use information obtained at conciliation to formulate an award
  2. 2 Whether the arbitration proceedings complied with the Labour Code (Conciliation and Arbitration Guidelines) Notice 2004

Ratio Decidendi

The award was set aside because it was based on information obtained during conciliation, which is confidential and inadmissible in arbitration, and because the proceedings did not comply with mandatory procedural requirements.

Court Disposition

award reviewed, corrected and set aside

Orders

  • The award in A0040/07 is reviewed, corrected and set aside.
  • No order as to costs.