Lasela v Lesotho Opportunities Industrialization Centre (LOIC) and Another (LAC/REV 35 of 4) [2006] LSLAC 2 (24 April 2006)
The award was set aside because the respondent was not given an opportunity to present its case after conciliation and the arbitrator improperly considered matters from conciliation during arbitration.
Source-derived case information.
- Citation
- [2006] LSLAC 2
- Parties
- Applicant: Petrose Thaha Lesela; 1st Respondent: Lesotho Opportunities Industrialization Centre (LOIC); 2nd Respondent: Ms L. M. Malebanye
- Court
- Labour Appeal Court
- Jurisdiction
- Lesotho
- Case Number
- LAC/REV 35 of 4
- Procedural Posture
- Labour Appeal / Court Order on Review
- Outcome
- award of the arbitrator set aside
- Legal Topics
- Arbitration Procedure, Right to Be Heard, Impartiality of Arbitrator
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Petrose Thaha Lesela
Applicant
Lesotho Opportunities Industrialization Centre (LOIC)
1st Respondent
Ms L. M. Malebanye
2nd Respondent
Procedural Posture
Labour Appeal / Court Order on Review
Legal Issues
- 1 Whether the respondent was denied the opportunity to present its case after conciliation and before arbitration
- 2 Whether the arbitrator improperly considered matters from conciliation during arbitration
Ratio Decidendi
The award was set aside because the respondent was not given an opportunity to present its case after conciliation and the arbitrator improperly considered matters from conciliation during arbitration.
Court Disposition
award of the arbitrator set aside
Orders
- arbitration de novo before another arbitrator
- parties to be represented
Full Case Text
Judgment text and source record
1 paragraphs
LAC/REV/35/04 IN THE LABOUR APPEALS COURT OF LESOTHO In the matter between:- PETROSE THAHA LESELA APPLICANT and LESOTHO OPPORTUNITIES INDUSTRIALIZATION CETNRE (LOIC) THE ARBITRATOR MS L. M. MALEBANYE 1ST RESPONDENT 2ND RESPONDENT COURT ORDER CORAM : HON. JUSTICE S. N. PEETE PANELISTS: 1. Mrs Mosehle 2. Mr Tau DATE : 28TH APRIL 2006 The award of the arbitrator is hereby set aside upon the following grounds. (a) Respondent – according to the record- was not granted opportunity to present its case after the end of conciliation before arbitration began. (b) The arbitrator – having been also conciliator had regard to matters canvassed at the conciliation. Order: Arbitration de novo before another arbitrator – Parties to be represented. S. N. PEETE JUDGE OF LABOUR APPEAL COURT PENALIST:…………………………….. PENALIST:…………………………….. For Applicant For Respondents : : Mr Mohau Mr Malebanye