Mokabi v Security Lesotho (Pty) Ltd (LC 98 of 95) [1995] LSLC 8 (28 July 1995)

Mokabi v Security Lesotho (Pty) Ltd (LC 98 of 95) [1995] LSLC 8 (28 July 1995)

The application was not urgent as the applicant's claim related to alleged termination of employment, which should follow normal procedures. The relief sought was not interim but final in nature, and there was no irreparable harm justifying ex parte relief. The respondent must be served and allowed to respond per the Rules.

Citation
[1995] LSLC 8
Parties
Applicant: Mote Mokamokabe; Respondent: Security Lesotho (Pty) Ltd
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
28 July 1995
Case Number
LC 98 of 95
Procedural Posture
Ex Parte Urgent Application / Interlocutory Application for Interim Relief
Outcome
Application for ex parte interim relief refused
Legal Topics
Urgent Applications, Interim Relief, Termination of Employment, Withholding of Salary
Source Language
English
Labour Law Urgent Applications Interim Relief Termination of Employment Withholding of Salary

Case Brief

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Parties

Mote Mokamokabe

Applicant

Security Lesotho (Pty) Ltd

Respondent

Procedural Posture

Ex Parte Urgent Application / Interlocutory Application for Interim Relief

Legal Issues

  1. 1 Whether the applicant is entitled to urgent ex parte interim relief for payment of withheld salary and related interdicts
  2. 2 Whether the matter is urgent within the meaning of the Labour Court Rules
  3. 3 Whether the applicant's employment was terminated or not

Ratio Decidendi

The application was not urgent as the applicant's claim related to alleged termination of employment, which should follow normal procedures. The relief sought was not interim but final in nature, and there was no irreparable harm justifying ex parte relief. The respondent must be served and allowed to respond per the Rules.

Court Disposition

Application for ex parte interim relief refused

Orders

  • Applicant's prayer for ex parte interim relief is refused
  • Usual procedures for service, filings, and hearing dates to apply