Phosa v C.G.M. Industrial (Pty) Ltd (LC 94 of 97) [2003] LSLC 1 (6 January 2003)

Phosa v C.G.M. Industrial (Pty) Ltd (LC 94 of 97) [2003] LSLC 1 (6 January 2003)

Applicant was not dismissed but resigned after misconduct; section 66(4) does not apply. Deductions from terminal benefits for property damage are lawful under the principle of set off and section 85(3) of the Labour Code Order 1992.

Citation
[2003] LSLC 1
Parties
Applicant: Thakiphoba; Respondent: C.G.M. Industrial (Pty) Ltd.
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
6 January 2003
Case Number
LC 94 of 97
Procedural Posture
Labour Dispute / Judgment
Outcome
application dismissed
Legal Topics
Unfair Dismissal, Wage Deductions, Resignation, Employee Misconduct
Source Language
English
Employment Law Unfair Dismissal Wage Deductions Resignation Employee Misconduct

Case Brief

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Parties

Thakiphoba

Applicant

C.G.M. Industrial (Pty) Ltd.

Respondent

Procedural Posture

Labour Dispute / Judgment

Legal Issues

  1. 1 Whether the applicant was unfairly dismissed without a hearing under section 66(4) of the Labour Code Order 1992
  2. 2 Whether the respondent was entitled to make deductions from the applicant's terminal benefits

Ratio Decidendi

Applicant was not dismissed but resigned after misconduct; section 66(4) does not apply. Deductions from terminal benefits for property damage are lawful under the principle of set off and section 85(3) of the Labour Code Order 1992.

Court Disposition

application dismissed