Lesotho Case Law

Tlali v Eighteenth Episcopal District of the African Methodist Episcopal Church (CIV/APN/287/2021)

Tlali v Eighteenth Episcopal District of the African Methodist Episcopal Church (CIV/APN/287/2021) [2022] LSHC 50 (9 August 2022)

Court

High Court

Case number

CIV/APN/287/2021

The High Court dismissed a judicial review over stopped salary payments, holding the applicant was bound by her founding affidavit admitting dismissal in 2017 and could not rely on new replying evidence.

• Dismissal
• Audi alteram partem
• Salary arrears
• Employment contract
• Review of administrative action
• Judicial-review

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Johane v Christian Council of Lesotho and Another (LC/REV 54 of 13)

Johane v Christian Council of Lesotho and Another (LC/REV 54 of 13) [2015] LSLC 18 (13 February 2015)

Court

Labour Court

Case number

LC/REV 54 of 13

The applicant's contract was a fixed term contract that expired by effluxion of time as stipulated in the contract and Section 62(3) of the Labour Code Order, 1992. The employer's reference to lack of funds did not convert the termination into a dismissal for operational requirements. No legitimate expectation of renewal was established, and no procedural irregularity occurred in the arbitral proceedings.

Source excerpt

• Fixed term contracts
• Legitimate expectation
• Dismissal
• Operational requirements
• Review of arbitral award

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Nthabiseng Moliko v C and Y Garments (Pty) Ltd (LAC/CIV/A 7 of 2013)

Nthabiseng Moliko v C and Y Garments (Pty) Ltd (LAC/CIV/A 7 of 2013) [2014] LSLAC 6 (21 January 2014)

Court

Labour Appeal Court

Case number

LAC/CIV/A 7 of 2013

The Labour Appeal Court of Lesotho dismissed an appeal over dismissal powers, holding the disciplinary chairperson had authority to impose dismissal under the employer’s rules.

• Disciplinary procedure
• Authority to dismiss
• Review of arbitration award
• Labour-law
• Disciplinary-procedure
• Dismissal

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Liketso Mokubung v AON Lesotho (Pty) Ltd and Another (LAC/CIV/A 28 of 2013)

Liketso Mokubung v AON Lesotho (Pty) Ltd and Another (LAC/CIV/A 28 of 2013) [2014] LSLAC 4 (6 January 2014)

Court

Labour Appeal Court

Case number

LAC/CIV/A 28 of 2013

The Labour Appeal Court held that natural justice applies in labour matters and that the Managing Director’s multiple roles created a reasonable apprehension of bias.

• Natural justice
• Bias in disciplinary proceedings
• Dismissal of employee
• Review of arbitration awards
• Natural-justice
• Bias

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Mamahlabani Thaba v Teaching Service Commission and Others (LAC/REV 2 of 13)

Mamahlabani Thaba v Teaching Service Commission and Others (LAC/REV 2 of 13) [2013] LSLAC 22 (7 November 2013)

Court

Labour Appeal Court

Case number

LAC/REV 2 of 13

The court refused condonation for an inordinate delay in filing a review and struck the review off the roll, holding that jurisdiction had not been established.

• Condonation
• Jurisdiction
• Dismissal
• Review
• Judicial-review
• Labour-law

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Tumelo Monyane v National University of Lesotho (LC 29 of 13)

Tumelo Monyane v National University of Lesotho (LC 29 of 13) [2013] LSLC 59 (12 September 2013)

Court

Labour Court

Case number

LC 29 of 13

A Labour Court held that a fixed-term university contract ended automatically on expiry because no legitimate expectation of renewal was established.

• Fixed term contracts
• Expectation of renewal
• Dismissal
• Labour code order 1992
• Fixed-term-contracts
• Legitimate-expectation

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Standard Bank Lesotho v Mantsoaki Malakane (LAC/A 2 of 2011)

Standard Bank Lesotho v Mantsoaki Malakane (LAC/A 2 of 2011) [2013] LSLAC 2 (25 June 2013)

Court

Labour Appeal Court

Case number

LAC/A 2 of 2011

The Labour Appeal Court of Lesotho dismissed an employer’s condonation application for a late appeal, finding the delay inadequately explained and the prospects weak.

• Condonation
• Dismissal
• Authority to defend
• Review of arbitration award
• Labour-appeal-court
• Late-appeal

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Lika v St. James Anglican High School (CIV/A 43 of 2010)

Lika v St. James Anglican High School (CIV/A 43 of 2010) [2012] LSHC 79 (6 December 2012)

Court

High Court

Case number

CIV/A 43 of 2010

The High Court of Lesotho dismissed an appeal against dismissal of a deputy principal for absenteeism, lateness, timetable issues, and disrupting a board meeting.

• Dismissal
• Misconduct
• Teaching service
• Disciplinary proceedings
• Employment-law
• Disciplinary-proceedings

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Lesotho Electricity Company (Pty) Ltd v Hoohlo and Another (LC/REV 10 of 10)

Lesotho Electricity Company (Pty) Ltd v Hoohlo and Another (LC/REV 10 of 10) [2012] LSLC 4 (6 March 2012)

Court

Labour Court

Case number

LC/REV 10 of 10

The Labour Court dismissed a review challenge to a DDPR award, holding that the arbitrator reasonably awarded notice pay and compensation for breach of contract.

• Fixed term contracts
• Dismissal
• Notice period
• Compensation
• Arbitral review
• Fixed-term-contracts

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Phakisi v Letseng Diamond (Pty) Ltd and Another (LC/REV 94 of 9)

Phakisi v Letseng Diamond (Pty) Ltd and Another (LC/REV 94 of 9) [2011] LSLC 21 (28 July 2011)

Court

Labour Court

Case number

LC/REV 94 of 9

Labour Court review judgment holding that off-duty misconduct required a nexus to the employer’s business, and setting aside a dismissal for lack of such proof.

• Dismissal
• Off-duty misconduct
• Employer-employee relationship
• Review of arbitral award
• Labour-law
• Off-duty-misconduct

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