Van Tonder v Lesotho Highlands Development (LAC/CIV/APN 6 of 4) [2006] LSLAC 8 (26 October 2006)

Van Tonder v Lesotho Highlands Development (LAC/CIV/APN 6 of 4) [2006] LSLAC 8 (26 October 2006)

The applicant's fixed term contract expired by effluxion of time and was not renewed; there was no legitimate expectation of renewal, and the employer was not required to give notice or a hearing. The non-renewal did not amount to unfair dismissal under the Labour Code.

Citation
[2006] LSLAC 8
Parties
Applicant: Thabo William Van Tonder; Respondent: Lesotho Highlands Development Authority
Court
Labour Appeal Court
Jurisdiction
Lesotho
Judgment Date
26 October 2006
Case Number
LAC/CIV/APN 6 of 4
Procedural Posture
Labour Appeal / Judgment on Appeal From Labour Court
Outcome
Application dismissed with partial relief
Legal Topics
Fixed Term Contracts, Unfair Dismissal, Legitimate Expectation, Contract Renewal, Operational Requirements
Source Language
English
Labour Law Fixed Term Contracts Unfair Dismissal Legitimate Expectation Contract Renewal Operational Requirements

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Parties

Thabo William Van Tonder

Applicant

Lesotho Highlands Development Authority

Respondent

Procedural Posture

Labour Appeal / Judgment on Appeal From Labour Court

Legal Issues

  1. 1 Whether non-renewal of a fixed term contract constitutes unfair dismissal
  2. 2 Whether the applicant had a legitimate expectation of renewal
  3. 3 Whether the employer was required to give notice or a hearing before non-renewal

Ratio Decidendi

The applicant's fixed term contract expired by effluxion of time and was not renewed; there was no legitimate expectation of renewal, and the employer was not required to give notice or a hearing. The non-renewal did not amount to unfair dismissal under the Labour Code.

Court Disposition

Application dismissed with partial relief

Orders

  • Applicant to be paid monthly salary for September 2003
  • Each party to bear its own costs