Maapesa v OK Furnitures (Pty) Ltd (LC 56 of 15) [2016] LSLC 5 (22 June 2016)

Maapesa v OK Furnitures (Pty) Ltd (LC 56 of 15) [2016] LSLC 5 (22 June 2016)

The Labour Court lacks jurisdiction as the dispute concerns non-payment of monies due under the Labour Code, which falls within the DDPR's mandate, not the validity of the exemption certificate.

Citation
[2016] LSLC 5
Parties
Applicant: Pheello Maapesa; Respondent: OK Furnitures (Pty) Ltd
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
22 June 2016
Case Number
LC 56 of 15
Procedural Posture
Labour Dispute / Jurisdictional Ruling
Outcome
matter remitted to DDPR
Legal Topics
Severance Pay, Jurisdiction, Exemption Certificate
Source Language
English
Employment Law Severance Pay Jurisdiction Exemption Certificate

Case Brief

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Parties

Pheello Maapesa

Applicant

OK Furnitures (Pty) Ltd

Respondent

Procedural Posture

Labour Dispute / Jurisdictional Ruling

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to determine a claim for severance pay where an exemption certificate is in issue
  2. 2 Whether the exemption certificate applies to the applicant's employment

Ratio Decidendi

The Labour Court lacks jurisdiction as the dispute concerns non-payment of monies due under the Labour Code, which falls within the DDPR's mandate, not the validity of the exemption certificate.

Court Disposition

matter remitted to DDPR

Orders

  • The matter is remitted to the DDPR for determination if the applicant is still interested in pursuing it.