Khoeli v Sekhonyana (LC 28 of 0) [2001] LSLC 15 (26 October 2001)

Khoeli v Sekhonyana (LC 28 of 0) [2001] LSLC 15 (26 October 2001)

Applicant failed to prove four years of service; evidence supports only two years. Leave entitlement is twelve days per annum. Overtime claim is unsubstantiated due to lack of evidence.

Citation
[2001] LSLC 15
Parties
Applicant: Setlho Joseph Khoeli; Respondent: Lerotholi Sekhonyana
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
26 October 2001
Case Number
LC 28 of 0
Procedural Posture
Labour / Default Judgment Application
Outcome
partially allowed
Legal Topics
Severance Pay, Leave Entitlement, Overtime Pay, Default Judgment
Source Language
English
Employment Law Severance Pay Leave Entitlement Overtime Pay Default Judgment

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Parties

Setlho Joseph Khoeli

Applicant

Lerotholi Sekhonyana

Respondent

Procedural Posture

Labour / Default Judgment Application

Legal Issues

  1. 1 Whether applicant is entitled to severance pay for four years or two years of service
  2. 2 Whether applicant is entitled to payment for leave not taken
  3. 3 Whether applicant is entitled to overtime pay

Ratio Decidendi

Applicant failed to prove four years of service; evidence supports only two years. Leave entitlement is twelve days per annum. Overtime claim is unsubstantiated due to lack of evidence.

Court Disposition

partially allowed

Orders

  • Respondent to pay applicant M2,160-00, comprising M960-00 for leave and M1,200-00 for severance pay.
  • Claim for overtime is dismissed.