Pitso v Lesotho Highlands Projects Contractors (CIV/T 533 of 92) [1997] LSHC 88 (24 October 1997)

Pitso v Lesotho Highlands Projects Contractors (CIV/T 533 of 92) [1997] LSHC 88 (24 October 1997)

The plaintiff failed to prove on a balance of probabilities that his dismissal was unlawful. The evidence established misconduct justifying summary dismissal under the contract and the Employment Act. The sums claimed were uncertain and not reliably calculated. The disciplinary hearing was procedurally fair and complied with natural justice. The plaintiff's claim is dismissed with costs.

Citation
[1997] LSHC 88
Parties
Plaintiff: Ramputi Pitso; Defendant: Lesotho Highlands Projects Contractors
Court
High Court
Jurisdiction
Lesotho
Judgment Date
24 October 1997
Case Number
CIV/T 533 of 92
Procedural Posture
Civil / Judgment
Outcome
Claim dismissed with costs
Legal Topics
Summary Dismissal, Employment Contract, Misconduct, Natural Justice, Calculation of Wages
Source Language
English
Employment Law Summary Dismissal Employment Contract Misconduct Natural Justice Calculation of Wages

Case Brief

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Parties

Ramputi Pitso

Plaintiff

Lesotho Highlands Projects Contractors

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff's summary dismissal was lawful under the Employment Act 1967 and/or the employment contract
  2. 2 Whether the plaintiff is entitled to payment for the unexpired period of his fixed-term contract
  3. 3 Whether the disciplinary hearing complied with principles of natural justice

Ratio Decidendi

The plaintiff failed to prove on a balance of probabilities that his dismissal was unlawful. The evidence established misconduct justifying summary dismissal under the contract and the Employment Act. The sums claimed were uncertain and not reliably calculated. The disciplinary hearing was procedurally fair and complied with natural justice. The plaintiff's claim is dismissed with costs.

Court Disposition

Claim dismissed with costs

Orders

  • Plaintiff's claim and summons dismissed with costs