Qhobela v Lesotho Highlands Project Contractors (LC 143 of 95) [1997] LSLC 10 (6 June 1997)

Qhobela v Lesotho Highlands Project Contractors (LC 143 of 95) [1997] LSLC 10 (6 June 1997)

The applicant's resignation did not amount to constructive dismissal as the respondent's actions were legitimate disciplinary measures and did not constitute a repudiatory breach of contract.

Citation
[1997] LSLC 10
Parties
Applicant: Selebalo Qhobela; Respondent: Lesotho Highlands Project Contractors
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
6 June 1997
Case Number
LC 143 of 95
Procedural Posture
Labour Dispute / Judgment
Outcome
Claim dismissed with costs
Legal Topics
Constructive Dismissal, Breach of Contract, Unfair Dismissal, Disciplinary Proceedings
Source Language
English
Labour Law Constructive Dismissal Breach of Contract Unfair Dismissal Disciplinary Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Selebalo Qhobela

Applicant

Lesotho Highlands Project Contractors

Respondent

Procedural Posture

Labour Dispute / Judgment

Legal Issues

  1. 1 Whether the applicant's resignation amounted to constructive dismissal under section 68(c) of the Labour Code Order 1992
  2. 2 Whether the respondent's conduct constituted a repudiatory breach of contract

Ratio Decidendi

The applicant's resignation did not amount to constructive dismissal as the respondent's actions were legitimate disciplinary measures and did not constitute a repudiatory breach of contract.

Court Disposition

Claim dismissed with costs

Orders

  • The applicant's claim is dismissed with costs.