Koloi v Compol (CIV/APN/0049/2022) [2023] LSHC 154 (2 March 2023)
Court
High Court
Case number
CIV/APN/0049/2022
The High Court held that approved early retirement ended the employment relationship and could not be withdrawn without consent, so no unfair dismissal arose.
Dlamini v Commissioner of Police (CIV/APN/0170/2022) [2022] LSHC 152 (29 June 2022)
Court
High Court
Case number
CIV/APN/0170/2022
The High Court of Lesotho held that the applicants’ termination as police recruits was unlawful because it violated a subsisting court order suspending the process.
Makhasane v Mokhochane (CIV/APN 118 of 14) [2019] LSHC 64 (14 November 2019)
Court
High Court
Case number
CIV/APN 118 of 14
The High Court, while having the power to grant declaratory relief, declined to exercise its discretion because the dispute is a labour matter falling within the exclusive jurisdiction of the Labour Court, and entertaining it would undermine the policy of specialized labour dispute resolution.
Director General National Security Service v Lietsiso Mothala & Others (C of A (CIV) 31 of 2019) [2019] LSCA 43 (1 November 2019)
Court
Court of Appeal
Case number
C of A (CIV) 31 of 2019
The Court of Appeal set aside a High Court order in a National Security Service employment dispute and remitted the case for hearing before a different judge.
Ireland v Mokonyana and Others (LC 90 of 14) [2014] LSLC 53 (21 November 2014)
Court
Labour Court
Case number
LC 90 of 14
The Labour Court of Lesotho dismissed an application to stay labour proceedings pending a High Court ruling on diplomatic immunity, granting 14 days to answer.
Thabo Fuma v The Commander, Lesotho Defence Force and Others (CONST 8 of 2011) [2013] LSHC 68 (10 October 2013)
Court
High Court
Case number
CONST 8 of 2011
The applicant's discharge from the Lesotho Defence Force was unconstitutional as it violated his rights to equality and freedom from discrimination under Sections 18 and 19 of the Constitution. The decision was made without affording him a fair hearing, and he was treated differently from other similarly disabled soldiers, with the only reasonable conclusion being that the discrimination was based on his HIV status. The respondents failed to justify the differential treatment or to provide a scientific basis for the medical decision. The applicant's right to human dignity was also infringed.
Mathabo Motlomelo v National University of Lesotho (LC 55 of 7) [2009] LSLC 36 (10 August 2009)
Court
Labour Court
Case number
LC 55 of 7
Labour Court of Lesotho refused condonation for a late unfair dismissal claim, finding the delay inordinate, the explanation unsatisfactory, and no prospects of success.
Water and Sewerage Authority v Masupha and Another (LC/REV 574 of 2006) [2008] LSLC 18 (8 August 2008)
Court
Labour Court
Case number
LC/REV 574 of 2006
The applicant failed to provide conclusive evidence that the pumps were secondhand or that the 1st respondent inflated prices; suspicions were unsubstantiated, and the employer did not discharge the burden of proof required by law. The arbitrator's finding of substantive unfairness in the dismissal was justified and cannot be faulted.
Moletsane v Telecom Lesotho and Another (LAC/REV/27/03; LC/REV/78/06) [2006] LSLC 21 (11 December 2006)
Court
Labour Court
Case number
LAC/REV/27/03 ; LC/REV/78/06
The Labour Court dismissed a review of a gratuity dispute, holding the employee fell four days short of the required ten years and could not be treated as qualifying.