Nthabiseng Moliko v C and Y Garments (Pty) Ltd (LAC/CIV/A 7 of 2013) [2014] LSLAC 6 (21 January 2014)

Nthabiseng Moliko v C and Y Garments (Pty) Ltd (LAC/CIV/A 7 of 2013) [2014] LSLAC 6 (21 January 2014)

The relevant disciplinary rules expressly grant the chairperson or presiding officer authority to impose sanctions, including dismissal; therefore, the ground of appeal lacks substance and the appeal fails.

Citation
[2014] LSLAC 6
Parties
Appellant: Nthabiseng Moliko; Respondent: C & Y Garments (Pty) Ltd
Court
Labour Appeal Court
Jurisdiction
Lesotho
Judgment Date
21 January 2014
Case Number
LAC/CIV/A 7 of 2013
Procedural Posture
Labour Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Disciplinary Procedure, Authority to Dismiss, Review of Arbitration Award
Source Language
English
Labour Law Disciplinary Procedure Authority to Dismiss Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

Nthabiseng Moliko

Appellant

C & Y Garments (Pty) Ltd

Respondent

Procedural Posture

Labour Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the disciplinary manager had authority to dismiss the appellant
  2. 2 Whether the Labour Court erred in holding that there was no procedural irregularity

Ratio Decidendi

The relevant disciplinary rules expressly grant the chairperson or presiding officer authority to impose sanctions, including dismissal; therefore, the ground of appeal lacks substance and the appeal fails.

Court Disposition

appeal dismissed

Orders

  • no order as to costs