Komane and Another v City Express Stores (Pty) Ltd (LAC/CIV/APN 3 of 2009) [2010] LSLAC 3 (1 February 2010)

Komane and Another v City Express Stores (Pty) Ltd (LAC/CIV/APN 3 of 2009) [2010] LSLAC 3 (1 February 2010)

The Labour Court erred by not quantifying severance pay, which was proved, and by arbitrarily deducting one-third of the appellants' compensation without justification or evidence of failure to mitigate loss. Leave pay was not proved. Respondent's attorneys' conduct warranted costs de bonis propriis.

Citation
[2010] LSLAC 3
Parties
Appellant: Queen Komane; Appellant: Elizaberth Manako; Respondent: City Express Stores (Pty) Ltd
Court
Labour Appeal Court
Jurisdiction
Lesotho
Judgment Date
1 February 2010
Case Number
LAC/CIV/APN 3 of 2009
Procedural Posture
Labour Appeal / Appeal Judgment
Outcome
Appeal allowed in part
Legal Topics
Severance Pay, Leave Pay, Compensation for Unfair Dismissal, Costs De Bonis Propriis, Judicial Discretion
Source Language
English
Labour Law Severance Pay Leave Pay Compensation for Unfair Dismissal Costs De Bonis Propriis Judicial Discretion

Case Brief

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Parties

Queen Komane

Appellant

Elizaberth Manako

Appellant

City Express Stores (Pty) Ltd

Respondent

Procedural Posture

Labour Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Labour Court erred in failing to quantify severance pay and leave pay for the appellants
  2. 2 Whether the Labour Court erred in denying appellants one-third of their total compensation
  3. 3 Whether costs should be awarded against respondent's attorneys de bonis propriis

Ratio Decidendi

The Labour Court erred by not quantifying severance pay, which was proved, and by arbitrarily deducting one-third of the appellants' compensation without justification or evidence of failure to mitigate loss. Leave pay was not proved. Respondent's attorneys' conduct warranted costs de bonis propriis.

Court Disposition

Appeal allowed in part

Orders

  • Severance pay of M20,818.44 for each appellant granted
  • Leave pay claim refused