Thabane and Another v Workman's Compensation Trust Fund Committee and Others (LC 8 of 9) [2009] LSLC 21 (21 October 2009)

Thabane and Another v Workman's Compensation Trust Fund Committee and Others (LC 8 of 9) [2009] LSLC 21 (21 October 2009)

The application for condonation is dismissed because the claim is res judicata, the delay of nine years is inordinate and not satisfactorily explained, and the applicants have no prospects of success as they do not possess the requisite qualifications for the upgrade they seek.

Citation
[2009] LSLC 21
Parties
Applicant: Potlako Thabane; Applicant: Thato Makara; Respondent: Workmen’s Compensation Trust Fund Committee; Respondent: Ministry of Labour & Employment; Respondent: Attorney General
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
21 October 2009
Case Number
LC 8 of 9
Procedural Posture
Application for Condonation of Late Filing of a Claim / Judgment
Outcome
application dismissed with costs
Legal Topics
Condonation, Res Judicata, Unfair Labour Practice, Delay in Filing Claims
Source Language
English
Labour Law Condonation Res Judicata Unfair Labour Practice Delay in Filing Claims

Case Brief

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Parties

Potlako Thabane

Applicant

Thato Makara

Applicant

Workmen’s Compensation Trust Fund Committee

Respondent

Ministry of Labour & Employment

Respondent

Attorney General

Respondent

Procedural Posture

Application for Condonation of Late Filing of a Claim / Judgment

Legal Issues

  1. 1 Whether the application for condonation of late filing should be granted
  2. 2 Whether the claim is res judicata
  3. 3 Whether the applicants have prospects of success

Ratio Decidendi

The application for condonation is dismissed because the claim is res judicata, the delay of nine years is inordinate and not satisfactorily explained, and the applicants have no prospects of success as they do not possess the requisite qualifications for the upgrade they seek.

Court Disposition

application dismissed with costs

Orders

  • Application for condonation is dismissed with costs.