Lesotho Case Law

Nkuebe v Metropolitan Lesotho Ltd (LC 79 of 6)

Nkuebe v Metropolitan Lesotho Ltd (LC 79 of 6) [2009] LSLC 33 (1 December 2009)

Court

Labour Court

Case number

LC 79 of 6

The respondent failed to follow its own retrenchment policy, did not consult the applicant on the redundancy of his position or the change in terms and conditions, and acted unilaterally. The retrenchment was both substantively and procedurally unfair. The applicant is entitled to reinstatement.

Source excerpt

• Redundancy
• Retrenchment
• Unilateral change of employment terms
• Consultation requirements
• Reinstatement

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Mathibeli v National University of Lesotho (LC 58 of 2007)

Mathibeli v National University of Lesotho (LC 58 of 2007) [2008] LSLC 34 (18 November 2008)

Court

Labour Court

Case number

LC 58 of 2007

The Labour Court held that the PESP changes were a transfer, not a restructuring that made the applicant redundant, and dismissed the claim.

• Restructuring
• Redundancy
• Transfer of employees
• Consultation rights
• Terminal benefits
• Labour-law

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Standard Lesotho Bank v Morahanye and Another (LAC/CIV/A 6 of 8)

Standard Lesotho Bank v Morahanye and Another (LAC/CIV/A 6 of 8) [2008] LSLAC 9 (10 November 2008)

Court

Labour Appeal Court

Case number

LAC/CIV/A 6 of 8

The Labour Appeal Court held that the retrenchment was procedurally and substantively unfair, dismissed the bank’s appeal, and allowed one cross-appeal ground.

• Unfair dismissal
• Redundancy
• Procedural fairness
• Substantive fairness
• Severance package
• Compensation

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Mothabeng v T & T Security Services (Pty) Ltd (LC 14 of 7)

Mothabeng v T & T Security Services (Pty) Ltd (LC 14 of 7) [2007] LSLC 23 (9 August 2007)

Court

Labour Court

Case number

LC 14 of 7

The Labour Court held that the applicant failed to prove unfair retrenchment. The application was dismissed with no order as to costs.

• Retrenchment
• Unfair dismissal
• Redundancy
• Terminal benefits
• Unfair-dismissal
• Terminal-benefits

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Nthunya v Lesotho Tourist Board (C of A (CIV) 32 of 95)

Nthunya v Lesotho Tourist Board (C of A (CIV) 32 of 95) [1996] LSCA 13 (19 January 1996)

Court

Court of Appeal

Case number

C of A (CIV) 32 of 95

The Court of Appeal for Lesotho dismissed an employee’s appeal challenging the abolition of his post and termination on redundancy grounds.

• Termination of employment
• Redundancy
• Mala fides
• Reinstatement
• Employment-law
• Termination-of-employment

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Nthunya v Lesotho Tourist Board (CIV/APN 16 of 95)

Nthunya v Lesotho Tourist Board (CIV/APN 16 of 95) [1995] LSCA 156 (17 October 1995)

Court

Court of Appeal

Case number

CIV/APN 16 of 95

The court dismissed an employment application challenging the abolition of the applicant’s post, finding no proof of mala fides, redundancy, or unfair appointment.

• Termination of employment
• Redundancy
• Reinstatement
• Mala fides
• Fairness in appointment
• Employment-law

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Khaile v Hata-Butle (Pty) Ltd (LC 36 of 95)

Khaile v Hata-Butle (Pty) Ltd (LC 36 of 95) [1995] LSLC 18 (16 September 1995)

Court

Labour Court

Case number

LC 36 of 95

The Labour Court held that the General Manager had authority delegated by the Board to dismiss the applicant and that the bookkeeper post had become redundant.

• Dismissal
• Redundancy
• Delegation of authority
• Employment-law
• Delegation-of-authority
• Labour-court

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Nqojane v National University of Lesotho (C of A (CIV) 21 of 92)

Nqojane v National University of Lesotho (C of A (CIV) 21 of 92) [1994] LSCA 13 (22 January 1994)

Court

Court of Appeal

Case number

C of A (CIV) 21 of 92

The Court of Appeal of Lesotho upheld termination of an employee’s appointment on redundancy grounds and dismissed challenges based on jurisdiction and procedure.

• Redundancy
• Termination of employment
• Jurisdiction
• Lis pendens
• Procedural irregularity
• Employment-law

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