Nkuebe v Metropolitan Lesotho Ltd (LC 79 of 6) [2009] LSLC 33 (1 December 2009)

Nkuebe v Metropolitan Lesotho Ltd (LC 79 of 6) [2009] LSLC 33 (1 December 2009)

The respondent failed to follow its own retrenchment policy, did not consult the applicant on the redundancy of his position or the change in terms and conditions, and acted unilaterally. The retrenchment was both substantively and procedurally unfair. The applicant is entitled to reinstatement.

Citation
[2009] LSLC 33
Parties
Applicant: Mokhobotlela Nkuebe; Respondent: Metropolitan Lesotho Limited
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
1 December 2009
Case Number
LC 79 of 6
Procedural Posture
Labour / Judgment
Outcome
Retrenchment declared procedurally and substantively unfair; reinstatement ordered.
Legal Topics
Redundancy, Retrenchment, Unilateral Change of Employment Terms, Consultation Requirements, Reinstatement
Source Language
English
Labour Law Redundancy Retrenchment Unilateral Change of Employment Terms Consultation Requirements Reinstatement

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Parties

Mokhobotlela Nkuebe

Applicant

Metropolitan Lesotho Limited

Respondent

Procedural Posture

Labour / Judgment

Legal Issues

  1. 1 Whether the respondent followed proper procedure in retrenching the applicant
  2. 2 Whether the retrenchment was substantively and procedurally fair
  3. 3 Whether the change in terms and conditions of employment was unilateral and without consultation

Ratio Decidendi

The respondent failed to follow its own retrenchment policy, did not consult the applicant on the redundancy of his position or the change in terms and conditions, and acted unilaterally. The retrenchment was both substantively and procedurally unfair. The applicant is entitled to reinstatement.

Court Disposition

Retrenchment declared procedurally and substantively unfair; reinstatement ordered.

Orders

  • Applicant reinstated to position of Regional Manager Central retrospectively to 7th July 2006 without loss of remuneration, seniority, or benefits.
  • Respondent to pay applicant salary from 7th July 2006 to date of reinstatement less mitigated losses of M31,000.