Mathibeli v National University of Lesotho (LC 58 of 2007) [2008] LSLC 34 (18 November 2008)

Mathibeli v National University of Lesotho (LC 58 of 2007) [2008] LSLC 34 (18 November 2008)

There was no restructuring or redundancy; only a transfer of management functions. The applicant's position continued to exist, and she was not able to prove prejudice or entitlement to further consultation. The withholding of terminal benefits was not unlawful under the circumstances.

Citation
[2008] LSLC 34
Parties
Applicant: Nthabiseng Mathibeli; Respondent: National University of Lesotho
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
18 November 2008
Case Number
LC 58 of 2007
Procedural Posture
Labour Court Application / Judgment
Outcome
Application dismissed
Legal Topics
Restructuring, Redundancy, Transfer of Employees, Consultation Rights, Terminal Benefits
Source Language
English
Labour Law Restructuring Redundancy Transfer of Employees Consultation Rights Terminal Benefits

Case Brief

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Parties

Nthabiseng Mathibeli

Applicant

National University of Lesotho

Respondent

Procedural Posture

Labour Court Application / Judgment

Legal Issues

  1. 1 Whether the restructuring or reorganization rendered the applicant's position redundant
  2. 2 Whether the applicant was entitled to consultation prior to transfer
  3. 3 Whether the withholding of terminal benefits was lawful

Ratio Decidendi

There was no restructuring or redundancy; only a transfer of management functions. The applicant's position continued to exist, and she was not able to prove prejudice or entitlement to further consultation. The withholding of terminal benefits was not unlawful under the circumstances.

Court Disposition

Application dismissed