Totseng v Pep Stores (LC 29 of 1) [2002] LSLC 2 (4 February 2002)

Totseng v Pep Stores (LC 29 of 1) [2002] LSLC 2 (4 February 2002)

The disciplinary proceedings were independent of the criminal conviction, and the applicant was accorded a fair hearing with witnesses called and the right of appeal. The overturning of the criminal conviction did not invalidate the disciplinary tribunal's decision, which stands as the internal appeal was unsuccessful.

Citation
[2002] LSLC 2
Parties
Applicant: Molefi Totseng; Respondent: PEP Stores
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
4 February 2002
Case Number
LC 29 of 1
Procedural Posture
Labour / Judgment
Outcome
Application dismissed
Legal Topics
Dismissal, Disciplinary Proceedings, Criminal Conviction and Employment, Right to Be Heard
Source Language
English
Employment Law Dismissal Disciplinary Proceedings Criminal Conviction and Employment Right to Be Heard

Case Brief

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Parties

Molefi Totseng

Applicant

PEP Stores

Respondent

Procedural Posture

Labour / Judgment

Legal Issues

  1. 1 Whether an employer can dismiss an employee based on a criminal conviction that is later overturned
  2. 2 Whether disciplinary proceedings are independent of criminal proceedings
  3. 3 Whether the applicant was accorded a fair hearing in the disciplinary process

Ratio Decidendi

The disciplinary proceedings were independent of the criminal conviction, and the applicant was accorded a fair hearing with witnesses called and the right of appeal. The overturning of the criminal conviction did not invalidate the disciplinary tribunal's decision, which stands as the internal appeal was unsuccessful.

Court Disposition

Application dismissed

Orders

  • No order as to costs