Mafatle v Telecom Lesotho (Pty) Ltd and Another (LC 42 of 5) [2005] LSLC 13 (8 November 2005)

The respondent had no contractual or policy basis, nor Board resolution, to recover training costs or deduct the staff investment fund loan from the applicant's terminal benefits; thus, the deductions were unlawful and the applicant is entitled to payment of his severance and pension monies with interest.

Citation: [2005] LSLC 13
Parties: Applicant: Teboho Mafatle; Respondent: Telecom Lesotho (Pty) Ltd
Court: Labour Court
Jurisdiction: Lesotho
Judgment Date: 8 November 2005
Case Number: LC 42 of 5
Procedural Posture: Labour / Judgment
Outcome: Application upheld
Legal Topics: Terminal Benefits, Set Off, Training Policy, Board Resolutions, Unlawful Deductions
Source Language: English

Labour Law Contract Law Company Law Terminal Benefits Set Off Training Policy Board Resolutions Unlawful Deductions

Case Brief

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Parties

Teboho Mafatle

Applicant

Telecom Lesotho (Pty) Ltd

Respondent

Procedural Posture

Labour / Judgment

Legal Issues

1 Whether the respondent was entitled to withhold applicant's terminal benefits for alleged debts
2 Whether the training policy justified recovery of training costs from the applicant
3 Whether the deduction for staff investment fund loan was justified

Ratio Decidendi

Court Disposition

Application upheld

Orders

Respondent to pay applicant's severance pay with interest from 10th March 2005.
Respondent to pay applicant's withheld pension monies with interest from the date of retention.