Tsepong (Pty) Ltd v Lesotho Workers Association (LC 57 of 2014) [2014] LSLC 25 (7 May 2014)

Tsepong (Pty) Ltd v Lesotho Workers Association (LC 57 of 2014) [2014] LSLC 25 (7 May 2014)

The strike by the Respondent and its members is illegal because the Applicant is an essential service, the dispute was referred for compulsory arbitration, and both the arbitration award and certificate of non-resolution are binding and prohibit strike action under section 225(6)(b)(ii) of the Labour Code (Amendment) Act 3 of 2000.

Citation
[2014] LSLC 25
Parties
Applicant: Tšepong (Pty) Ltd; Respondent: Lesotho Workers Association
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
7 May 2014
Case Number
LC 57 of 2014
Procedural Posture
Labour Declaratory Application / Judgment
Outcome
Application granted. Strike declared illegal. No order as to costs.
Legal Topics
Strike Legality, Essential Services, Compulsory Arbitration
Source Language
English
Labour Law Strike Legality Essential Services Compulsory Arbitration

Case Brief

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Parties

Tšepong (Pty) Ltd

Applicant

Lesotho Workers Association

Respondent

Procedural Posture

Labour Declaratory Application / Judgment

Legal Issues

  1. 1 Whether the strike by the Respondent and its members is illegal due to non-compliance with section 225(6)(b)(ii) of the Labour Code (Amendment) Act 3 of 2000 and the arbitration award issued on 11th December 2013

Ratio Decidendi

The strike by the Respondent and its members is illegal because the Applicant is an essential service, the dispute was referred for compulsory arbitration, and both the arbitration award and certificate of non-resolution are binding and prohibit strike action under section 225(6)(b)(ii) of the Labour Code (Amendment) Act 3 of 2000.

Court Disposition

Application granted. Strike declared illegal. No order as to costs.

Orders

  • The application is granted.
  • The strike action by Respondent and its members is declared illegal.