Ketane v Security Lesotho (Pty) Ltd (LC 102 of 96) [1997] LSLC 11 (10 June 1997)

Ketane v Security Lesotho (Pty) Ltd (LC 102 of 96) [1997] LSLC 11 (10 June 1997)

There was substantial compliance with section 66(4) of the Code and the respondent’s disciplinary Code. The applicant was given an opportunity to explain his conduct, and the procedure adopted was fair and equitable in the circumstances. The absence of a particular form or committee composition did not invalidate the process as the Managing Director is empowered to determine the procedure.

Citation
[1997] LSLC 11
Parties
Applicant: Tsoko Tsaketane; Respondent: Security Lesotho (Pty) Ltd
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
10 June 1997
Case Number
LC 102 of 96
Procedural Posture
Labour Dispute / Judgment
Outcome
Application dismissed
Legal Topics
Unfair Dismissal, Right to a Hearing, Disciplinary Procedure
Source Language
English
Labour Law Unfair Dismissal Right to a Hearing Disciplinary Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Tsoko Tsaketane

Applicant

Security Lesotho (Pty) Ltd

Respondent

Procedural Posture

Labour Dispute / Judgment

Legal Issues

  1. 1 Whether the applicant was unfairly dismissed without a hearing
  2. 2 Whether the respondent complied with the applicable disciplinary procedures

Ratio Decidendi

There was substantial compliance with section 66(4) of the Code and the respondent’s disciplinary Code. The applicant was given an opportunity to explain his conduct, and the procedure adopted was fair and equitable in the circumstances. The absence of a particular form or committee composition did not invalidate the process as the Managing Director is empowered to determine the procedure.

Court Disposition

Application dismissed