Mohapi v Frasers Lesotho Ltd (LC 156 of 0) [2002] LSLC 5 (8 March 2002)
The effect of the appeal chairman’s ruling was to set aside the finding of the original enquiry, restoring the applicant to his position prior to dismissal. The respondent unlawfully withheld the applicant’s salary as he remained an employee until a proper re-hearing and decision on his guilt.
- Citation
- [2002] LSLC 5
- Parties
- Applicant: Teboho Mohapi; Respondent: Frasers Lesotho Ltd
- Court
- Labour Court
- Jurisdiction
- Lesotho
- Judgment Date
- 8 March 2002
- Case Number
- LC 156 of 0
- Procedural Posture
- Labour Dispute / Judgment
- Outcome
- Judgment for the applicant
- Legal Topics
- Unlawful Withholding of Wages, Effect of Appeal on Dismissal, Right to Fair Hearing
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Teboho Mohapi
Applicant
Frasers Lesotho Ltd
Respondent
Procedural Posture
Labour Dispute / Judgment
Legal Issues
- 1 Whether the respondent's refusal to release the applicant's wages is illegal
- 2 Whether the applicant's dismissal was overturned by the appeal tribunal
- 3 Whether the applicant is entitled to salary pending a re-hearing
Ratio Decidendi
The effect of the appeal chairman’s ruling was to set aside the finding of the original enquiry, restoring the applicant to his position prior to dismissal. The respondent unlawfully withheld the applicant’s salary as he remained an employee until a proper re-hearing and decision on his guilt.
Court Disposition
Judgment for the applicant
Orders
- Respondent to pay applicant his salary for the period out of work until a re-hearing is held and a decision is made on his guilt.
- Costs awarded to the applicant.
Full Case Text
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