Nthabiseng Mokoena v Lesotho Post Bank (Pty) Ltd (LC 80 of 2013) [2013] LSLC 72 (13 October 2013)

Nthabiseng Mokoena v Lesotho Post Bank (Pty) Ltd (LC 80 of 2013) [2013] LSLC 72 (13 October 2013)

An employee remains in employment during the notice period after resignation, and the employer retains the right to discipline the employee during that period. The employment contract only terminates upon expiry of the notice period, not upon communication of resignation.

Citation
[2013] LSLC 72
Parties
Applicant: Nthabiseng Mokoena; Respondent: Lesotho Post Bank (Pty) Ltd
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
13 October 2013
Case Number
LC 80 of 2013
Procedural Posture
Labour Court Application / Judgment
Outcome
Application dismissed
Legal Topics
Resignation, Disciplinary Proceedings During Notice Period, Declaratory Relief
Source Language
English
Employment Law Resignation Disciplinary Proceedings During Notice Period Declaratory Relief

Case Brief

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Parties

Nthabiseng Mokoena

Applicant

Lesotho Post Bank (Pty) Ltd

Respondent

Procedural Posture

Labour Court Application / Judgment

Legal Issues

  1. 1 Whether an employer can institute disciplinary proceedings against an employee during the notice period after resignation
  2. 2 Whether resignation immediately terminates the employment contract or only upon expiry of notice period

Ratio Decidendi

An employee remains in employment during the notice period after resignation, and the employer retains the right to discipline the employee during that period. The employment contract only terminates upon expiry of the notice period, not upon communication of resignation.

Court Disposition

Application dismissed

Orders

  • Application fails
  • No order as to costs