Pheko Mafantiri v Lesotho Revenue Authority (LC 44 of 9) [2010] LSLC 35 (9 July 2010)

Pheko Mafantiri v Lesotho Revenue Authority (LC 44 of 9) [2010] LSLC 35 (9 July 2010)

The claim for compensation is a separate cause of action from the initial declaratory order on unfair conduct. The 'once and for all' rule does not bar the applicant from seeking compensation now, as damages were not previously claimed or determined. The respondent's preliminary objection is dismissed.

Citation
[2010] LSLC 35
Parties
Applicant: Pheko Mafantiri; Respondent: Lesotho Revenue Authority
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
9 July 2010
Case Number
LC 44 of 9
Procedural Posture
Labour / Ruling on Preliminary Objection
Outcome
respondent's preliminary objection dismissed
Legal Topics
Once and for All Rule, Compensation for Unfair Labour Practice, Res Judicata
Source Language
English
Labour Law Civil Procedure Once and for All Rule Compensation for Unfair Labour Practice Res Judicata

Case Brief

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Parties

Pheko Mafantiri

Applicant

Lesotho Revenue Authority

Respondent

Procedural Posture

Labour / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the 'once and for all' rule bars a subsequent action for damages arising from a prior declaratory order on unfair conduct
  2. 2 Whether the current claim for compensation is based on the same cause of action as the prior claim

Ratio Decidendi

The claim for compensation is a separate cause of action from the initial declaratory order on unfair conduct. The 'once and for all' rule does not bar the applicant from seeking compensation now, as damages were not previously claimed or determined. The respondent's preliminary objection is dismissed.

Court Disposition

respondent's preliminary objection dismissed

Orders

  • Respondent's point in limine is dismissed.
  • No order as to costs.