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Lesotho decisions
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Mokuena v Stallion Security (LC 47 of 2012) [2015] LSLC 51 (10 August 2015)
The Labour Court of Lesotho held that Bokang Mokuena’s dismissal by Stallion Security for operational reasons was both substantively and procedurally unfair.
Standard Lesotho Bank v Masechaba Anna Ntsihlele (LC/REV 28 of 12) [2013] LSLC 58 (24 September 2013)
The DDPR arbitrator failed to consider mandatory statutory factors under Section 73(2) of the Labour Code, including mitigation of loss and the impracticality of compensation up to retirement age, and awarded compensation for periods not worked. The award was thus irrational and reviewable. Compensation was recalculated from date of dismissal to date of hearing, with deductions for periods of inactivity and proceeds from alternative income.
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Ntjebe and Others v Lesotho Highlands Development Authority (LC 15 of 3) [2009] LSLC 32 (16 November 2009)
The Labour Court limited overtime claims to three years, awarded compensation for unfair retrenchment, and reduced most awards for failure to mitigate loss.
Komane and Another v City Express Stores (Pty) Ltd (LAC/CIV/A 5 of 2002) [2009] LSLAC 13 (14 August 2009)
The Labour Appeal Court refused condonation for a late appeal because the founding affidavit did not address the condonation requirements.
Sun Textiles (Pty) Ltd v Directorate of Dispute Prevention and Resolution and Another (LC/REV 422 of 2006) [2008] LSLC 17 (15 July 2008)
The Labour Court held that the arbitrator properly awarded compensation instead of reinstatement in an unfair dismissal case, but remitted the matter to hear evidence on mitigation of loss.
Mokapane and Others v Lieu & Lesotho Precious Garments (LC 76 of 5) [2005] LSLC 14 (15 November 2005)
The Labour Court of Lesotho fixed compensation for lost wages after reinstatement was not carried out, adjusting the award for short-time periods in the textile industry.
Mosiuoa v Medical Rescue International (LC 58 of 99) [2002] LSLC 7 (21 May 2002)
The applicant suffered patrimonial loss due to unfair dismissal, but failed to provide satisfactory evidence of efforts to mitigate loss. Compensation is limited to twelve months' salary, deemed a reasonable period to secure alternative employment.
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Motebang v Maluti Mountain Brewery (LC 119 of 96) [1997] LSLC 2 (14 February 1997)
The Labour Court of Lesotho found the employee’s dismissal unfair, holding that falsifying hours was misconduct but not serious enough to justify dismissal.
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