Tjeloane v Highlands Security (Pty) Ltd (LC 15 of 6) [2006] LSLC 5 (25 April 2006)

Tjeloane v Highlands Security (Pty) Ltd (LC 15 of 6) [2006] LSLC 5 (25 April 2006)

Reinstatement is not suitable due to operational requirements and loss of trust in a security business. Compensation of three months' wages plus terminal benefits is appropriate. Set-off is refused as the value of lost items was not proved and no disciplinary process was followed.

Citation
[2006] LSLC 5
Parties
Applicant: Rampoetsi Tjeloane; Respondent: Highlands Security (Pty) Ltd
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
25 April 2006
Case Number
LC 15 of 6
Procedural Posture
Labour Dispute / Judgment
Outcome
Applicant awarded compensation and terminal benefits; set-off refused.
Legal Topics
Retrenchment, Unfair Dismissal, Compensation, Set Off
Source Language
English
Labour Law Retrenchment Unfair Dismissal Compensation Set Off

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Parties

Rampoetsi Tjeloane

Applicant

Highlands Security (Pty) Ltd

Respondent

Procedural Posture

Labour Dispute / Judgment

Legal Issues

  1. 1 Whether the applicant's retrenchment was procedurally fair
  2. 2 Whether reinstatement or compensation is the appropriate remedy
  3. 3 Whether the respondent is entitled to set off for alleged loss of property

Ratio Decidendi

Reinstatement is not suitable due to operational requirements and loss of trust in a security business. Compensation of three months' wages plus terminal benefits is appropriate. Set-off is refused as the value of lost items was not proved and no disciplinary process was followed.

Court Disposition

Applicant awarded compensation and terminal benefits; set-off refused.

Orders

  • Respondent to pay applicant M6,251.64 in full and final settlement by 26th May 2006.