Security Lesotho (Pty) Ltd Lesia Nkalosi and Another (A 393 of 2011) [2013] LSLC 33 (6 May 2013)

Security Lesotho (Pty) Ltd Lesia Nkalosi and Another (A 393 of 2011) [2013] LSLC 33 (6 May 2013)

The Arbitrator's legal and factual conclusions were consistent and reasonable; the charge sheet, though not legally precise, was ambiguous enough to vitiate the dismissal, and the Applicant failed to substantiate its claim of unreasonableness.

Citation
[2013] LSLC 33
Parties
Applicant: Security Lesotho (Pty) Ltd; 1st Respondent: Lesia Nkalosi; 2nd Respondent: The DDPR
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
6 May 2013
Case Number
A 393 of 2011
Procedural Posture
Review Application / Judgment
Outcome
Application for review refused
Legal Topics
Unfair Dismissal, Review Vs Appeal, Arbitral Award, Procedural Fairness
Source Language
English
Labour Law Unfair Dismissal Review Vs Appeal Arbitral Award Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Security Lesotho (Pty) Ltd

Applicant

Lesia Nkalosi

1st Respondent

The DDPR

2nd Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitral award was grossly unreasonable and thus reviewable
  2. 2 Whether the application raised a valid ground for review or was an appeal in disguise

Ratio Decidendi

The Arbitrator's legal and factual conclusions were consistent and reasonable; the charge sheet, though not legally precise, was ambiguous enough to vitiate the dismissal, and the Applicant failed to substantiate its claim of unreasonableness.

Court Disposition

Application for review refused

Orders

  • Application for review is refused
  • The arbitral award of the DDPR in referral A0393/2011 remains in force