Ramakoli v Security Lesotho (Pty) Ltd (LAC/CIV/A 10 of 9) [2011] LSLAC 7 (30 June 2011)

Ramakoli v Security Lesotho (Pty) Ltd (LAC/CIV/A 10 of 9) [2011] LSLAC 7 (30 June 2011)

The Labour Court erred in interfering with the DDPR Arbitrator's finding that the appellant did not hear when he was called, as the Arbitrator was best placed to assess credibility and there was no legal basis for review. The appeal is upheld on this ground.

Citation
[2011] LSLAC 7
Parties
Appellant: Pheello Ramakoloi; Respondent: Security Lesotho (Pty) Ltd
Court
Labour Appeal Court
Jurisdiction
Lesotho
Judgment Date
30 June 2011
Case Number
LAC/CIV/A 10 of 9
Procedural Posture
Labour Appeal / Appeal From Labour Court Decision
Outcome
Appeal partly upheld; no order as to costs
Legal Topics
Insubordination, Review of Arbitration Awards, Credibility of Witnesses, Employment Misconduct
Source Language
English
Labour Law Insubordination Review of Arbitration Awards Credibility of Witnesses Employment Misconduct

Case Brief

Summary, issues, holding and outcome

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Parties

Pheello Ramakoloi

Appellant

Security Lesotho (Pty) Ltd

Respondent

Procedural Posture

Labour Appeal / Appeal From Labour Court Decision

Legal Issues

  1. 1 Whether the Labour Court erred in relying on the disciplinary hearing record
  2. 2 Whether there was adequate evidence that the appellant heard instructions and was insubordinate

Ratio Decidendi

The Labour Court erred in interfering with the DDPR Arbitrator's finding that the appellant did not hear when he was called, as the Arbitrator was best placed to assess credibility and there was no legal basis for review. The appeal is upheld on this ground.

Court Disposition

Appeal partly upheld; no order as to costs