Ralejoe v Lesotho Highlands Development Authority (LC 36 of 6) [2006] LSLC 13 (12 September 2006)

Ralejoe v Lesotho Highlands Development Authority (LC 36 of 6) [2006] LSLC 13 (12 September 2006)

An employer cannot discipline or dismiss a person who has ceased to be an employee; the disciplinary proceedings and summary dismissal after retrenchment were null and void. The applicant was entitled to terminal benefits under the 2003 policy, not the repealed 1998 policy.

Citation
[2006] LSLC 13
Parties
Applicant: Motumi Ralejoe; Respondent: Lesotho Highlands Development Authority
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
12 September 2006
Case Number
LC 36 of 6
Procedural Posture
Labour Dispute / Judgment
Outcome
Applicant partially successful
Legal Topics
Retrenchment, Disciplinary Proceedings Post Termination, Severance Pay, Staff Separation Policy, Exhaustion of Remedies
Source Language
English
Labour Law Retrenchment Disciplinary Proceedings Post Termination Severance Pay Staff Separation Policy Exhaustion of Remedies

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Parties

Motumi Ralejoe

Applicant

Lesotho Highlands Development Authority

Respondent

Procedural Posture

Labour Dispute / Judgment

Legal Issues

  1. 1 Whether an employer can discipline and dismiss an employee after retrenchment
  2. 2 Whether the applicant is entitled to terminal benefits and under which policy
  3. 3 Whether the disciplinary proceedings post-termination were valid

Ratio Decidendi

An employer cannot discipline or dismiss a person who has ceased to be an employee; the disciplinary proceedings and summary dismissal after retrenchment were null and void. The applicant was entitled to terminal benefits under the 2003 policy, not the repealed 1998 policy.

Court Disposition

Applicant partially successful

Orders

  • The disciplinary hearing held against the applicant on 8th, 9th, and 10th February 2006 is null and void.
  • Respondent to pay applicant his terminal benefits as per the notice of termination dated 15th November 2005.