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Lesotho Case Law

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Employment law [2024] LSHC 13

Marumo Tsili V COMPOL & 4 Others (CIV/APN/140/2020)

Marumo Tsili V COMPOL & 4 Others (CIV/APN/140/2020) [2024] LSHC 13 (15 February 2024)

The High Court held that a police officer resigned with immediate effect before his early retirement took effect, so the retirement claim failed.

  • Retirement
  • Resignation
  • Termination of employment
  • Employee benefits
  • Disciplinary proceedings
  • Employment-law
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Employment law [2022] LSCA 34

Principal Secretary, Ministry of Mining v Gugushe (C of A (CIV) 49/2022)

Principal Secretary, Ministry of Mining v Gugushe (C of A (CIV) 49/2022) [2022] LSCA 34 (11 November 2022)

The Court of Appeal held that a public officer lawfully resigned by offering one month’s salary in lieu of notice, and disciplinary steps taken after resignation were invalid.

  • Resignation
  • Disciplinary proceedings
  • Public service regulations
  • Employment-law
  • Public-service
  • Disciplinary-proceedings
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Employment law [2022] LSHC 109

Gugushe v Principal Secretary-ministry of Mining (CIV/APN/232/2021)

Gugushe v Principal Secretary-ministry of Mining (CIV/APN/232/2021) [2022] LSHC 109 (31 August 2022)

The applicant’s resignation was clear, unequivocal, and in compliance with the law as she was not charged with any breach of discipline at the time of resignation. The employer had no right to refuse the resignation or subject her to disciplinary proceedings post-resignation. The disciplinary proceedings and refusal of resignation were unlawful and set aside.

  • Resignation
  • Disciplinary proceedings
  • Forced labour
  • Public service regulations
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Employment law [2013] LSLC 72

Nthabiseng Mokoena v Lesotho Post Bank (Pty) Ltd (LC 80 of 2013)

Nthabiseng Mokoena v Lesotho Post Bank (Pty) Ltd (LC 80 of 2013) [2013] LSLC 72 (13 October 2013)

The Labour Court held that an employee remains employed during a notice period after resignation and may still be disciplined before the notice expires.

  • Resignation
  • Disciplinary proceedings during notice period
  • Declaratory relief
  • Employment-law
  • Disciplinary-proceedings
  • Notice-period
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Labour law [2011] LSLAC 9

Mahamo v Nedbank Lesotho Limited (LAC/CIV 4 of 11)

Mahamo v Nedbank Lesotho Limited (LAC/CIV 4 of 11) [2011] LSLAC 9 (4 July 2011)

The Labour Appeal Court held that resignation is unilateral and does not need employer acceptance. The appellant remained entitled to severance pay.

  • Resignation
  • Severance pay
  • Constructive dismissal
  • Disciplinary proceedings
  • Review vs appeal
  • Severance-pay
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Labour law [2010] LSLC 31

Mahamo v Nedbank Lesotho (Pty) Ltd and Another (LC/REV 56 of 9)

Mahamo v Nedbank Lesotho (Pty) Ltd and Another (LC/REV 56 of 9) [2010] LSLC 31 (8 December 2010)

The Labour Court dismissed a review, holding the application was an appeal in disguise. It found the resignation invalid, dismissal for misconduct, and no severance pay due.

  • Constructive dismissal
  • Severance pay
  • Validity of resignation
  • Disciplinary proceedings
  • Review vs appeal
  • Constructive-dismissal
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Labour law [2009] LSLC 15

Sephoko v Qalo High School (LC 2 of 8)

Sephoko v Qalo High School (LC 2 of 8) [2009] LSLC 15 (22 September 2009)

The Labour Court found the applicant resigned, not dismissed, and dismissed her claim after holding the respondent’s evidence was more consistent and corroborated.

  • Dismissal
  • Retrenchment
  • Jurisdiction
  • Employment relationship
  • Severance pay
  • Leave entitlement
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Labour law [2006] LSLC 14

Labour Commissioner v Mathabo McCloy & Associates (Pty) Ltd (LC 1 of 6)

Labour Commissioner v Mathabo McCloy & Associates (Pty) Ltd (LC 1 of 6) [2006] LSLC 14 (24 October 2006)

Court retains jurisdiction due to principle of continuance. Complainants failed to prove accrued leave days and did not give proper notice; severance pay and leave claims dismissed. Deductions exceeded statutory limits and were imposed arbitrarily without proper investigation; respondent ordered to refund complainants.

  • Jurisdiction
  • Resignation
  • Notice
  • Leave entitlement
  • Severance pay
  • Unlawful wage deductions
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Employment law [2005] LSLC 4

Nketu v Sechaba Consultants and Another (LC 24 of 3)

Nketu v Sechaba Consultants and Another (LC 24 of 3) [2005] LSLC 4 (30 June 2005)

The Labour Court of Lesotho found that the applicant resigned, not retrenched, and dismissed claims for severance and related relief with costs.

  • Resignation
  • Retrenchment
  • Severance pay
  • Jurisdiction
  • Forum shopping
  • Employment-law
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Employment law [2003] LSLC 1

Phosa v C.G.M. Industrial (Pty) Ltd (LC 94 of 97)

Phosa v C.G.M. Industrial (Pty) Ltd (LC 94 of 97) [2003] LSLC 1 (6 January 2003)

The Labour Court held that the applicant was not dismissed but resigned after a vehicle incident, and it dismissed his challenge to deductions from terminal benefits.

  • Unfair dismissal
  • Wage deductions
  • Resignation
  • Employee misconduct
  • Unfair-dismissal
  • Wage-deductions
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About this LexChat collection

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.