Thapelo Ntoko v Jikelele Services (LC 42 of 2013) [2013] LSLC 69 (28 October 2013)
The dismissal was unfair due to the employer's failure to consult or follow fair procedure before retrenching the Applicant, and the deductions from salary were unlawful as they were not authorized by the Applicant.
- Citation
- [2013] LSLC 69
- Parties
- Applicant: Thapelo Ntoko; Respondent: Jikelele Services
- Court
- Labour Court
- Jurisdiction
- Lesotho
- Judgment Date
- 28 October 2013
- Case Number
- LC 42 of 2013
- Procedural Posture
- Labour Claim / Judgment After Default Hearing
- Outcome
- Claim allowed in default; dismissal declared unfair; compensation and repayment of unlawful deductions awarded.
- Legal Topics
- Unfair Dismissal, Retrenchment, Unlawful Deductions, Compensation, Employment Contract
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Thapelo Ntoko
Applicant
Jikelele Services
Respondent
Procedural Posture
Labour Claim / Judgment After Default Hearing
Legal Issues
- 1 Whether the dismissal of the Applicant was unfair due to lack of consultation and procedure
- 2 Whether the deductions from Applicant's salary were unlawful
Ratio Decidendi
The dismissal was unfair due to the employer's failure to consult or follow fair procedure before retrenching the Applicant, and the deductions from salary were unlawful as they were not authorized by the Applicant.
Court Disposition
Claim allowed in default; dismissal declared unfair; compensation and repayment of unlawful deductions awarded.
Orders
- Respondent to pay Applicant M19,620.00 as compensation and for unlawful deductions within 30 days
- No order as to costs
Full Case Text
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