Tsebetsalalaka v Phelanyane (LC/ENF 340 of 3) [2004] LSLC 1 (6 February 2004)

Tsebetsalalaka v Phelanyane (LC/ENF 340 of 3) [2004] LSLC 1 (6 February 2004)

The court held that it had jurisdiction to correct errors in arbitral awards when brought for enforcement. The arbitrator erred in awarding severance pay to an employee who deserted, and the leave pay awarded exceeded the applicant's monthly salary without justification. The award was varied accordingly.

Source-derived case information.

Citation
[2004] LSLC 1
Parties
Applicant: Rafono Tsebetsalalaka; Respondent: Phoofolo Phelanyane
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
6 February 2004
Case Number
LC/ENF 340 of 3
Procedural Posture
Enforcement Application / Judgment
Outcome
award varied and enforced in part
Legal Topics
Enforcement of Arbitral Awards, Severance Pay, Leave Entitlement, Jurisdiction of Labour Court, Review of Arbitral Awards
Source Language
english
Labour Law Enforcement of Arbitral Awards Severance Pay Leave Entitlement Jurisdiction of Labour Court Review of Arbitral Awards

Source-derived case record

Summary, issues, holding and outcome

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Parties

Rafono Tsebetsalalaka

Applicant

Phoofolo Phelanyane

Respondent

Procedural Posture

Enforcement Application / Judgment

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to review or correct an arbitral award when brought for enforcement
  2. 2 Whether the applicant is entitled to severance pay after desertion
  3. 3 Whether the amount awarded for leave was correct

Ratio Decidendi

The court held that it had jurisdiction to correct errors in arbitral awards when brought for enforcement. The arbitrator erred in awarding severance pay to an employee who deserted, and the leave pay awarded exceeded the applicant's monthly salary without justification. The award was varied accordingly.

Court Disposition

award varied and enforced in part

Orders

  • Respondent to pay applicant M750.00 in full and final settlement on or before 16th February 2004
  • Claim for severance pay set aside