Mohlapiso v Frasers Lesotho Ltd (LC 18 of 97) [1999] LSLC 3 (18 March 1999)

Mohlapiso v Frasers Lesotho Ltd (LC 18 of 97) [1999] LSLC 3 (18 March 1999)

The applicant was aware of and heard the instruction to work on Saturday, failed to comply without valid excuse, and the standing instruction for Saturday work did not require three days' notice. Dismissal for insubordination was justified.

Citation
[1999] LSLC 3
Parties
Applicant: Simon Mohlapiso; Respondent: Frasers Lesotho Ltd
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
18 March 1999
Case Number
LC 18 of 97
Procedural Posture
Labour Dispute / Judgment
Outcome
Application dismissed
Legal Topics
Dismissal, Insubordination, Overtime, Notice Requirements, Disciplinary Procedure
Source Language
English
Labour Law Dismissal Insubordination Overtime Notice Requirements Disciplinary Procedure

Case Brief

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Parties

Simon Mohlapiso

Applicant

Frasers Lesotho Ltd

Respondent

Procedural Posture

Labour Dispute / Judgment

Legal Issues

  1. 1 Whether the applicant's dismissal for insubordination was lawful
  2. 2 Whether proper notice was required for Saturday work under Section 117 of the Labour Code Order 1992
  3. 3 Whether the disciplinary process was properly followed

Ratio Decidendi

The applicant was aware of and heard the instruction to work on Saturday, failed to comply without valid excuse, and the standing instruction for Saturday work did not require three days' notice. Dismissal for insubordination was justified.

Court Disposition

Application dismissed

Orders

  • Costs shall be costs in the cause