Mabina v Water and Sewerage Authority (LC 137 of 95) [1996] LSLC 6 (30 April 1996)

Mabina v Water and Sewerage Authority (LC 137 of 95) [1996] LSLC 6 (30 April 1996)

The applicant's suspension without pay was procedurally unfair and null and void because he was not afforded a hearing before the suspension, in violation of the audi alteram partem rule. The respondent's discretion to suspend must be exercised fairly, and the regulations and statute do not exclude the right to be...

Source-derived case information.

Citation
[1996] LSLC 6
Parties
Applicant: Moramane Mabina; Respondent: Water & Sewerage Authority
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
30 April 1996
Case Number
LC 137 of 95
Procedural Posture
Labour Dispute / Judgment
Outcome
Applicant's suspension declared null and void; reinstatement ordered; partial salary awarded; interest claim denied.
Legal Topics
Suspension of Employee, Right to Fair Hearing, Disciplinary Procedure, Audi Alteram Partem
Source Language
english
Labour Law Administrative Law Suspension of Employee Right to Fair Hearing Disciplinary Procedure Audi Alteram Partem

Source-derived case record

Summary, issues, holding and outcome

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Parties

Moramane Mabina

Applicant

Water & Sewerage Authority

Respondent

Procedural Posture

Labour Dispute / Judgment

Legal Issues

  1. 1 Whether the applicant's suspension without a hearing was lawful
  2. 2 Whether the respondent was entitled to suspend the applicant without pay pending criminal proceedings
  3. 3 Whether the place of the fight was a 'workplace' for disciplinary purposes

Ratio Decidendi

The applicant's suspension without pay was procedurally unfair and null and void because he was not afforded a hearing before the suspension, in violation of the audi alteram partem rule. The respondent's discretion to suspend must be exercised fairly, and the regulations and statute do not exclude the right to be heard.

Court Disposition

Applicant's suspension declared null and void; reinstatement ordered; partial salary awarded; interest claim denied.

Orders

  • Suspension of applicant declared unfair, null and void for failure to observe audi alteram partem.
  • Respondent to allow applicant to resume normal duties forthwith.