Mohlobo and Others v Lesotho Highlands Development Authority (LAC/CIV/A 2 of 2010) [2011] LSLAC 2 (26 January 2011)

Mohlobo and Others v Lesotho Highlands Development Authority (LAC/CIV/A 2 of 2010) [2011] LSLAC 2 (26 January 2011)

The arbitrator committed a material error of law by failing to consider the Human Resource Manual and the issue of breach of contract, instead determining the validity of the contract, which was not the dispute referred. This error materially affected the decision, making the award reviewable and subject to being set aside. The Labour Court erred in refusing to review the DDPR award on this basis.

Citation
[2011] LSLAC 2
Parties
Appellant: Thabo Mohlobo; Appellant: Thabiso Segoatsi; Appellant: Mentsele Molato; Appellant: Isaac Sepetla; Appellant: Lebonajoang Rantho; Appellant: Seboka Pule; Appellant: Ramoreboli Chabeli; Appellant: Sephula Letuka; Appellant: Ntimo Nkome; Appellant: Joseph Koabatsana; Appellant: Motsomi Ralitapole; Appellant: Moeketsi Jaase; Appellant: Jobo Lerotholi; Appellant: Pheello Ratsoanyane; Respondent: Lesotho Highlands Development Authority
Court
Labour Appeal Court
Jurisdiction
Lesotho
Judgment Date
26 January 2011
Case Number
LAC/CIV/A 2 of 2010
Procedural Posture
Labour Appeal / Appeal From Labour Court Decision
Outcome
appeal allowed
Legal Topics
Review of Arbitral Awards, Breach of Contract, Employment Benefits, Jurisdiction of Arbitrator, Material Error of Law
Source Language
English
Labour Law Arbitration Review of Arbitral Awards Breach of Contract Employment Benefits Jurisdiction of Arbitrator Material Error of Law

Case Brief

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Parties

Thabo Mohlobo

Appellant

Thabiso Segoatsi

Appellant

Mentsele Molato

Appellant

Isaac Sepetla

Appellant

Lebonajoang Rantho

Appellant

Seboka Pule

Appellant

Ramoreboli Chabeli

Appellant

Sephula Letuka

Appellant

Ntimo Nkome

Appellant

Joseph Koabatsana

Appellant

Motsomi Ralitapole

Appellant

Moeketsi Jaase

Appellant

Jobo Lerotholi

Appellant

Pheello Ratsoanyane

Appellant

Lesotho Highlands Development Authority

Respondent

Procedural Posture

Labour Appeal / Appeal From Labour Court Decision

Legal Issues

  1. 1 Whether the arbitrator committed a material error of law by failing to consider the Human Resource Manual and the issue of breach of contract
  2. 2 Whether the Labour Court erred in refusing to review the DDPR award on the basis of a material error of law
  3. 3 Whether the DDPR exceeded its jurisdiction by determining validity rather than breach of contract

Ratio Decidendi

The arbitrator committed a material error of law by failing to consider the Human Resource Manual and the issue of breach of contract, instead determining the validity of the contract, which was not the dispute referred. This error materially affected the decision, making the award reviewable and subject to being set aside. The Labour Court erred in refusing to review the DDPR award on this basis.

Court Disposition

appeal allowed

Orders

  • The appeal succeeds and the order of the Labour Court is altered to read 'the award of the DDPR is reviewed and set aside'.
  • The case is remitted to the DDPR for hearing de novo before a different arbitrator.