Lepolesa v Security Lesotho (LC 25 of 2) [2004] LSLC 2 (20 February 2004)

Lepolesa v Security Lesotho (LC 25 of 2) [2004] LSLC 2 (20 February 2004)

The applicant's pleadings do not establish a case of unfair labour practice but rather a breach of contract, which falls under the jurisdiction of the DDPR, not the Labour Court.

Citation
[2004] LSLC 2
Parties
Applicant: Olga Mamorake Lepolesa; Respondent: Security Lesotho
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
20 February 2004
Case Number
LC 25 of 2
Procedural Posture
Labour / Ruling on Preliminary Objection (jurisdiction)
Outcome
preliminary objection upheld; matter referred to DDPR
Legal Topics
Disciplinary Proceedings, Jurisdiction, Unfair Labour Practice, Breach of Contract
Source Language
English
Employment Law Disciplinary Proceedings Jurisdiction Unfair Labour Practice Breach of Contract

Case Brief

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Parties

Olga Mamorake Lepolesa

Applicant

Security Lesotho

Respondent

Procedural Posture

Labour / Ruling on Preliminary Objection (jurisdiction)

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction over the applicant's claim regarding procedural impropriety in disciplinary proceedings
  2. 2 Whether the applicant's claim amounts to an unfair labour practice or a breach of contract

Ratio Decidendi

The applicant's pleadings do not establish a case of unfair labour practice but rather a breach of contract, which falls under the jurisdiction of the DDPR, not the Labour Court.

Court Disposition

preliminary objection upheld; matter referred to DDPR

Orders

  • The matter is referred to the Directorate of Disputes Prevention and Resolution (DDPR) for determination by arbitration.