Ntjebe and Others v Lesotho Highlands Development Authority (LC 15 of 3) [2009] LSLC 32 (16 November 2009)

Ntjebe and Others v Lesotho Highlands Development Authority (LC 15 of 3) [2009] LSLC 32 (16 November 2009)

Applicants' claim for overtime is limited to three years prior to termination due to statutory prescription. Compensation for unfair retrenchment is awarded at nine months' salary, reduced by three months for most applicants due to failure to mitigate losses, resulting in six months' salary as compensation. The three applicants found to be employed must disclose earnings for set-off, and deceased applicants are entitled to full compensation.

Citation
[2009] LSLC 32
Parties
Applicants: Tsotang Ntjebe & 30 Others; Applicant: Telang Leemisa; Respondent: Lesotho Highlands Development Authority
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
16 November 2009
Case Number
LC 15 of 3
Procedural Posture
Labour Dispute / Remitted for Computation of Overtime and Quantification of Compensation After Appeal
Outcome
Partially allowed
Legal Topics
Overtime Claims, Unfair Retrenchment, Compensation, Mitigation of Loss, Prescription of Claims
Source Language
English
Labour Law Overtime Claims Unfair Retrenchment Compensation Mitigation of Loss Prescription of Claims

Case Brief

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Parties

Tsotang Ntjebe & 30 Others

Applicants

Telang Leemisa

Applicant

Lesotho Highlands Development Authority

Respondent

Procedural Posture

Labour Dispute / Remitted for Computation of Overtime and Quantification of Compensation After Appeal

Legal Issues

  1. 1 Whether applicants are entitled to overtime for more than three years
  2. 2 Whether compensation for unfair retrenchment is due and in what quantum
  3. 3 Whether applicants failed to mitigate their losses

Ratio Decidendi

Applicants' claim for overtime is limited to three years prior to termination due to statutory prescription. Compensation for unfair retrenchment is awarded at nine months' salary, reduced by three months for most applicants due to failure to mitigate losses, resulting in six months' salary as compensation. The three applicants found to be employed must disclose earnings for set-off, and deceased applicants are entitled to full compensation.

Court Disposition

Partially allowed

Orders

  • Applicants to be paid overtime for three years as per annexure MB4A.
  • Each applicant to be paid six months' salary as compensation, except the two deceased and three employed applicants.