Thelingoane v Moradi Crushers (Pty) Ltd (LC 24 of 97) [2002] LSLC 25 (11 December 2002)

Thelingoane v Moradi Crushers (Pty) Ltd (LC 24 of 97) [2002] LSLC 25 (11 December 2002)

The applicant failed to establish any procedural irregularity as there was no rule entitling him to cross-examination, personal prosecution of appeal, or representation beyond what was accorded. The disciplinary record contradicted his claims, and no substantive challenge to the dismissal was raised.

Citation
[2002] LSLC 25
Parties
Applicant: Thabo Thelingoane; Respondent: Moradi Crushers (Pty) Ltd
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
11 December 2002
Case Number
LC 24 of 97
Procedural Posture
Labour Dispute / Judgment
Outcome
application dismissed
Legal Topics
Unfair Dismissal, Disciplinary Procedure, Right to Representation, Appeal Procedure
Source Language
English

Case Brief

Summary, issues, holding and outcome

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Parties

Thabo Thelingoane

Applicant

Moradi Crushers (Pty) Ltd

Respondent

Procedural Posture

Labour Dispute / Judgment

  1. 1 Whether the applicant was denied a fair hearing during the disciplinary process
  2. 2 Whether the applicant was denied the right to cross-examine witnesses
  3. 3 Whether the applicant was denied the right to representation by a union steward

Ratio Decidendi

The applicant failed to establish any procedural irregularity as there was no rule entitling him to cross-examination, personal prosecution of appeal, or representation beyond what was accorded. The disciplinary record contradicted his claims, and no substantive challenge to the dismissal was raised.

Court Disposition

application dismissed

Orders

  • no order as to costs