Lechesa v Lesotho National Development Corporation (LC 95 of 6) [2007] LSLC 9 (4 May 2007)

Lechesa v Lesotho National Development Corporation (LC 95 of 6) [2007] LSLC 9 (4 May 2007)

The Labour Court lacks jurisdiction to hear severance pay claims after the enactment of Act No.5 of 2006, as such claims must now be determined by arbitration before the DDPR. The amendment is procedural and applies to all cases going to trial after its promulgation, including those where the cause of action arose earlier. The applicant's substantive right to claim severance pay is not impaired, as the claim can still be pursued before the DDPR, subject to possible condonation for late referral.

Citation
[2007] LSLC 9
Parties
Applicant: Retselisitsoe Lechesa; Respondent: Lesotho National Development Corporation
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
4 May 2007
Case Number
LC 95 of 6
Procedural Posture
Labour Claim (severance Pay) / Preliminary Objection on Jurisdiction
Outcome
Application struck out for want of jurisdiction
Legal Topics
Severance Pay, Jurisdiction, Retrospective Application of Procedural Law, Prescription/limitation of Actions
Source Language
English
Labour Law Civil Procedure Severance Pay Jurisdiction Retrospective Application of Procedural Law Prescription/limitation of Actions

Case Brief

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Parties

Retselisitsoe Lechesa

Applicant

Lesotho National Development Corporation

Respondent

Procedural Posture

Labour Claim (severance Pay) / Preliminary Objection on Jurisdiction

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to hear a severance pay claim after the enactment of Act No.5 of 2006
  2. 2 Whether the amendment to section 226(2)(c) of the Labour Code applies retrospectively to pending claims
  3. 3 Whether the applicant's right to claim severance pay is impaired by the change in forum/procedure

Ratio Decidendi

The Labour Court lacks jurisdiction to hear severance pay claims after the enactment of Act No.5 of 2006, as such claims must now be determined by arbitration before the DDPR. The amendment is procedural and applies to all cases going to trial after its promulgation, including those where the cause of action arose earlier. The applicant's substantive right to claim severance pay is not impaired, as the claim can still be pursued before the DDPR, subject to possible condonation for late referral.

Court Disposition

Application struck out for want of jurisdiction

Orders

  • Applicant to pursue claim before the DDPR by arbitration
  • No order as to costs