Pheko Mafantiri v Lesotho Revenue Authority (LC 44 of 09) [2012] LSLC 8 (23 April 2012)

Applicant failed to prove he would have been appointed but for the irregularity, as he scored lower than other candidates at interview; no right to appointment or compensation for lost earnings was established. Compensation is awarded only for the irregularity in the process, not for loss of appointment.

Citation: [2012] LSLC 8
Parties: Applicant: Pheko Mafantiri; Respondent: Lesotho Revenue Authority
Court: Labour Court
Jurisdiction: Lesotho
Judgment Date: 23 April 2012
Case Number: LC 44 of 09
Procedural Posture: Labour / Judgment on Compensation After Prior Finding of Irregularity
Outcome: Applicant awarded compensation equivalent to one month's salary for irregularity; no compensation for lost earnings or gratuity; no order as to costs.
Legal Topics: Recruitment Irregularity, Compensation, Discrimination (not Established)
Source Language: English

Employment Law Recruitment Irregularity Compensation Discrimination (not Established)

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Parties

Pheko Mafantiri

Applicant

Lesotho Revenue Authority

Respondent

Procedural Posture

Labour / Judgment on Compensation After Prior Finding of Irregularity

Legal Issues

1 Whether the applicant is entitled to compensation for irregular appointment process
2 Whether the applicant would have been appointed but for the irregularity

Ratio Decidendi

Court Disposition

Applicant awarded compensation equivalent to one month's salary for irregularity; no compensation for lost earnings or gratuity; no order as to costs.

Orders

Applicant awarded compensation equivalent to one month's salary at current position.
No order as to costs.