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Constitutional law [2021] LSHC 9

Home Affairs Ex Workers v Principal Secretary Ministry of Home Affairs

Home Affairs Ex Workers v Principal Secretary Ministry of Home Affairs (CONSTITUTIONAL CASE 19 of 2020) [2021] LSHC 9 (11 February 2021)

Court
High Court
Case number
CONSTITUTIONAL CASE 19 of 2020

The High Court of Lesotho dismissed an urgent constitutional motion by former Home Affairs workers over expired fixed-term contracts, finding no constitutional basis or legitimate expectation.

  • Fixed term contracts
  • Legitimate expectation
  • Unfair dismissal
  • Jurisdiction
  • Right to property
  • Right to fair hearing
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Employment law [2020] LSHC 43

Sello v The Principal Secretary Foreign Affairs (CIV/APN 302 of 19)

Sello v The Principal Secretary Foreign Affairs (CIV/APN 302 of 19) [2020] LSHC 43 (26 May 2020)

Court
High Court
Case number
CIV/APN 302 of 19

The Minister lacked authority to dismiss the applicant and failed to follow the prescribed disciplinary procedures under the Public Service Regulations and Codes of Good Practice. The applicant was not afforded a fair hearing. The dismissal was irregular and unfair, warranting review and setting aside. Damages are to be assessed as if the contract had run its full course, including gratuity and terminal benefits, but not cash in lieu of leave.

Source excerpt

  • Unfair dismissal
  • Procedural fairness
  • Fixed term contracts
  • Measure of damages
  • Public service employment
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Labour law [2015] LSLC 62

Limkokwing University of Creative Technology (Pty) Ltd v Makoa and Others (LC/REV 109 of 12)

Limkokwing University of Creative Technology (Pty) Ltd v Makoa and Others (LC/REV 109 of 12) [2015] LSLC 62 (10 August 2015)

Court
Labour Court
Case number
LC/REV 109 of 12

The Labour Court of Lesotho refused a review of a DDPR award, upholding compensation for fixed-term employees who claimed a legitimate expectation of renewal.

  • Unfair dismissal
  • Fixed term contracts
  • Legitimate expectation
  • Compensation
  • Review of arbitration award
  • Unfair-dismissal
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Labour law [2015] LSLC 18

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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Labour law [2014] LSLC 53

Ireland v Mokonyana and Others (LC 90 of 14)

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.

  • Diplomatic immunity
  • Stay of proceedings
  • Jurisdiction
  • Employment termination
  • Fixed term contracts
  • Stay-of-proceedings
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Labour law [2014] LSLC 14

Limkokwing University of Creative Technology Lesotho (Pty) Ltd v Mosia Nkoko and Another (LC/REV 58 of 12)

Limkokwing University of Creative Technology Lesotho (Pty) Ltd v Mosia Nkoko and Another (LC/REV 58 of 12) [2014] LSLC 14 (5 February 2014)

Court
Labour Court
Case number
LC/REV 58 of 12

Renewal of fixed term contracts without interruption creates a continuous employment relationship, making dismissal for misconduct during any contract period lawful if the employment relationship persists. The arbitrator misconstrued Section 3 of the Labour Code Order, 1992 by treating the contracts as independent.

Source excerpt

  • Fixed term contracts
  • Unfair dismissal
  • Review of arbitral award
  • Continuous employment
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Labour law [2013] LSLC 84

Lesotho Revenue Authority v Mamonyane Bohloko and Others (LC/REV 100 of 2011)

Lesotho Revenue Authority v Mamonyane Bohloko and Others (LC/REV 100 of 2011) [2013] LSLC 84 (13 December 2013)

Court
Labour Court
Case number
LC/REV 100 of 2011

The Labour Court of Lesotho refused review of an arbitration award, holding that the grounds raised were reviewable but that the award disclosed no reviewable irregularity.

  • Review of arbitration award
  • Unfair dismissal
  • Legitimate expectation
  • Fixed term contracts
  • Procedural irregularity
  • Labour-review
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Employment law [2013] LSLC 59

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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Employment law [2012] LSLC 4

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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Labour law [2006] LSLAC 8

Van Tonder v Lesotho Highlands Development (LAC/CIV/APN 6 of 4)

Van Tonder v Lesotho Highlands Development (LAC/CIV/APN 6 of 4) [2006] LSLAC 8 (26 October 2006)

Court
Labour Appeal Court
Case number
LAC/CIV/APN 6 of 4

The Labour Appeal Court held that the applicant’s fixed-term contract expired by effluxion of time and was not unfairly dismissed; no legitimate expectation of renewal was proved.

  • Fixed term contracts
  • Unfair dismissal
  • Legitimate expectation
  • Contract renewal
  • Operational requirements
  • Fixed-term-contracts
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Lesotho decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.