Shata v Lerotholi Polytechnic and Another (LC 36 of 16) [2017] LSLC 6 (24 January 2017)

Shata v Lerotholi Polytechnic and Another (LC 36 of 16) [2017] LSLC 6 (24 January 2017)

The Court assumed jurisdiction based on Labour Court Rules and the need to do substantial justice. Applicant's right to remain in staff housing is tied to employment status, and since the disciplinary panel's decision is not final pending appeal, eviction is inappropriate until the Council determines the appeal.

Citation
[2017] LSLC 6
Parties
Applicant: Teboho Shata; 1st Respondent: Lerotholi Polytechnic; 2nd Respondent: Rector, Lerotholi Polytechnic
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
24 January 2017
Case Number
LC 36 of 16
Procedural Posture
Interlocutory Application / Judgment
Outcome
interim relief granted
Legal Topics
Interim Relief, Jurisdiction, Employee Housing, Disciplinary Proceedings, Appeals
Source Language
English
Labour Law Administrative Law Interim Relief Jurisdiction Employee Housing Disciplinary Proceedings Appeals

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Teboho Shata

Applicant

Lerotholi Polytechnic

1st Respondent

Rector, Lerotholi Polytechnic

2nd Respondent

Procedural Posture

Interlocutory Application / Judgment

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to hear the interlocutory application.
  2. 2 Whether the applicant has a right to remain in staff housing pending appeal against dismissal.

Ratio Decidendi

The Court assumed jurisdiction based on Labour Court Rules and the need to do substantial justice. Applicant's right to remain in staff housing is tied to employment status, and since the disciplinary panel's decision is not final pending appeal, eviction is inappropriate until the Council determines the appeal.

Court Disposition

interim relief granted

Orders

  • Termination of applicant’s tenancy is stayed pending finalisation of appeal with the Council of Lerotholi Polytechnic.
  • No order as to costs.