Presitex Enterprises (Pty) Ltd v Letsie (LC/REV 162 of 13) [2015] LSLC 36 (11 May 2015)

Presitex Enterprises (Pty) Ltd v Letsie (LC/REV 162 of 13) [2015] LSLC 36 (11 May 2015)

The arbitrator did not have a direct and substantial interest in the review, so non-joinder was not fatal. The arbitrator properly applied the law on consistency, but failed to consider material evidence from a key witness, which was a reviewable irregularity. The award was set aside and the matter remitted for rehearing.

Citation
[2015] LSLC 36
Parties
Applicant: Presitex Enterprise (Pty) Ltd; Respondent: Soai Letsie
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
11 May 2015
Case Number
LC/REV 162 of 13
Procedural Posture
Review Application / Judgment
Outcome
review granted; arbitration award set aside; matter remitted for rehearing
Legal Topics
Review of Arbitration Award, Non Joinder, Consistency in Disciplinary Sanctions, Evidence Consideration
Source Language
English
Labour Law Review of Arbitration Award Non Joinder Consistency in Disciplinary Sanctions Evidence Consideration

Case Brief

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Parties

Presitex Enterprise (Pty) Ltd

Applicant

Soai Letsie

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether failure to join the arbitrator as a party constitutes non-joinder warranting dismissal of the review
  2. 2 Whether the arbitrator misapplied the law on consistency in disciplinary sanctions
  3. 3 Whether the arbitrator ignored material evidence

Ratio Decidendi

The arbitrator did not have a direct and substantial interest in the review, so non-joinder was not fatal. The arbitrator properly applied the law on consistency, but failed to consider material evidence from a key witness, which was a reviewable irregularity. The award was set aside and the matter remitted for rehearing.

Court Disposition

review granted; arbitration award set aside; matter remitted for rehearing

Orders

  • The review application is granted.
  • The award in referral A0660/2013 is reviewed and set aside.