Ntjebe and Others v Lesotho Highlands Authority; Leemisa and Others v Lesotho Highlands Authority (LAC/CIV/A 17 of 2009) [2011] LSLAC 10 (4 July 2011)

Ntjebe and Others v Lesotho Highlands Authority; Leemisa and Others v Lesotho Highlands Authority (LAC/CIV/A 17 of 2009) [2011] LSLAC 10 (4 July 2011)

Section 227 of the Labour Code (Amendment) Act 2000 did not retrospectively limit the appellants' claims for overtime pay to three years, as non-payment claims were only made justiciable by the DDPR from 2006. The Labour Court erred in applying a three-year limit and in relying on the Prescription Act 1861, which was not pleaded. The Labour Court's exercise of discretion on compensation was proper and should not be disturbed.

Citation
[2011] LSLAC 10
Parties
Appellants: Tsotang Ntjebe & 30 Others; Respondent: Lesotho Highlands Authority
Court
Labour Appeal Court
Jurisdiction
Lesotho
Judgment Date
4 July 2011
Case Number
LAC/CIV/A 17 of 2009
Procedural Posture
Labour Appeal / Appeal From Labour Court Judgment on Compensation and Overtime Pay
Outcome
Appeal allowed in relation to overtime payments; compensation award by Labour Court undisturbed; no order as to costs.
Legal Topics
Overtime Pay, Compensation for Unfair Dismissal, Prescription/limitation Periods, Jurisdiction of Labour Court and DDPR, Pleadings and Procedural Fairness
Source Language
English
Labour Law Overtime Pay Compensation for Unfair Dismissal Prescription/limitation Periods Jurisdiction of Labour Court and DDPR Pleadings and Procedural Fairness

Case Brief

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Parties

Tsotang Ntjebe & 30 Others

Appellants

Lesotho Highlands Authority

Respondent

Procedural Posture

Labour Appeal / Appeal From Labour Court Judgment on Compensation and Overtime Pay

Legal Issues

  1. 1 Whether section 227 of the Labour Code (Amendment) Act 2000 limits overtime claims to three years
  2. 2 Whether the Labour Court erred in applying the Prescription Act 1861
  3. 3 Whether the Labour Court erred in re-trying issues already determined by the Labour Appeal Court

Ratio Decidendi

Section 227 of the Labour Code (Amendment) Act 2000 did not retrospectively limit the appellants' claims for overtime pay to three years, as non-payment claims were only made justiciable by the DDPR from 2006. The Labour Court erred in applying a three-year limit and in relying on the Prescription Act 1861, which was not pleaded. The Labour Court's exercise of discretion on compensation was proper and should not be disturbed.

Court Disposition

Appeal allowed in relation to overtime payments; compensation award by Labour Court undisturbed; no order as to costs.

Orders

  • Appellants entitled to overtime payments from date of employment to date of dismissal, not limited to three years.
  • Labour Court's award of compensation to each appellant remains undisturbed.