Mokhele v Factory Workers Union (LC/ENF 131 of 2013) [2015] LSLC 55 (31 August 2015)
The Labour Code Order preserves creditor rights after amalgamation, whether with or without dissolution, allowing enforcement of awards against the new union and its officers. The warrant was properly issued against Seabata Likoti as Deputy General Secretary of the amalgamated union.
- Citation
- [2015] LSLC 55
- Parties
- Applicant: Sam Mokhele; Respondent: Factory Workers Union
- Court
- Labour Court
- Jurisdiction
- Lesotho
- Judgment Date
- 31 August 2015
- Case Number
- LC/ENF 131 of 2013
- Procedural Posture
- Enforcement Application / Judgment
- Outcome
- Application allowed
- Legal Topics
- Enforcement of DDPR Award, Amalgamation of Trade Unions, Creditor Rights Post Amalgamation
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Sam Mokhele
Applicant
Factory Workers Union
Respondent
Procedural Posture
Enforcement Application / Judgment
Legal Issues
- 1 Whether the DDPR award is enforceable against the amalgamated union or its officers after dissolution of the original union
- 2 Whether the warrant of arrest/detention was properly issued against Seabata Likoti
Ratio Decidendi
The Labour Code Order preserves creditor rights after amalgamation, whether with or without dissolution, allowing enforcement of awards against the new union and its officers. The warrant was properly issued against Seabata Likoti as Deputy General Secretary of the amalgamated union.
Court Disposition
Application allowed
Orders
- Seabata Likoti has been properly cited in the warrant of arrest.
- The warrant of arrest/detention issued on 13th July 2015 is reinstated.
Full Case Text
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