Thabo Moleko v Jikelele Services (LC 40 of 2013) [2013] LSLC 68 (28 October 2013)

Thabo Moleko v Jikelele Services (LC 40 of 2013) [2013] LSLC 68 (28 October 2013)

The claim for unfair dismissal based on poor work performance falls within the jurisdiction of the DDPR under section 226(2), and there was no misrepresentation or frivolity warranting an award of costs against either party.

Citation
[2013] LSLC 68
Parties
Applicant: Thabo Moleko; Respondent: Jikelele Services
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
28 October 2013
Case Number
LC 40 of 2013
Procedural Posture
Labour Dispute Unfair Dismissal / Judgment on Jurisdiction and Costs
Outcome
Claim remitted to DDPR; no order as to costs
Legal Topics
Unfair Dismissal, Jurisdiction, Costs
Source Language
English
Labour Law Unfair Dismissal Jurisdiction Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Thabo Moleko

Applicant

Jikelele Services

Respondent

Procedural Posture

Labour Dispute Unfair Dismissal / Judgment on Jurisdiction and Costs

Legal Issues

  1. 1 Whether the claim for unfair dismissal falls within the jurisdiction of the DDPR under section 226(2)
  2. 2 Whether an award of costs should be made against either party

Ratio Decidendi

The claim for unfair dismissal based on poor work performance falls within the jurisdiction of the DDPR under section 226(2), and there was no misrepresentation or frivolity warranting an award of costs against either party.

Court Disposition

Claim remitted to DDPR; no order as to costs

Orders

  • Applicants were dismissed for poor work performance by agreement
  • Applicant's claim is remitted back to the DDPR to be determined under section 226(2)