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Lesotho Case Law

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Labour law [2015] LSLC 37

Lesotho Precious Garments (Pty) Ltd v Matlali and Anothers (LC/REV 119 of 12)

Lesotho Precious Garments (Pty) Ltd v Matlali and Anothers (LC/REV 119 of 12) [2015] LSLC 37 (9 June 2015)

The Labour Court set aside a reinstatement order, upheld the review on the merits, and awarded six months’ compensation after finding reinstatement impracticable.

  • Unfair dismissal
  • Review of arbitral award
  • Reinstatement
  • Compensation
  • Authority to represent company
  • Unfair-dismissal
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Labour law [2015] LSLC 23

Presitex Enterprises (Pty) Ltd v Ntsane and Others (LC/REV 114 of 12)

Presitex Enterprises (Pty) Ltd v Ntsane and Others (LC/REV 114 of 12) [2015] LSLC 23 (20 May 2015)

The arbitrator erred by classifying the respondents as 'machine operators' solely because they used washing machines, without sufficient investigation into the nature of the machines or the work performed. This simplistic interpretation was unreasonable, ignored relevant considerations, and led to an absurd result. The award was therefore reviewable and set aside.

  • Review of arbitral award
  • Employment classification
  • Underpayment
  • Interpretation of employment contracts
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Labour law [2015] LSLC 22

Meraka Lesotho Abattoir and Feedlot (Pty) Ltd v Hlalele and Another (LC/REV 91 of 11)

Meraka Lesotho Abattoir and Feedlot (Pty) Ltd v Hlalele and Another (LC/REV 91 of 11) [2015] LSLC 22 (22 April 2015)

The Labour Court reviewed a rescission dismissal, finding no evidence that the employee’s probationary dismissal fell within the statutory exception for unfair dismissal.

  • Unfair dismissal
  • Probationary employment
  • Rescission of default judgment
  • Review of arbitral award
  • Labour-law
  • 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)

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.

  • Fixed term contracts
  • Legitimate expectation
  • Dismissal
  • Operational requirements
  • Review of arbitral award
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Labour law [2015] LSLC 8

Tseiso v OK Bazaars Lesotho (Pty) Ltd t/a Shoprite and Another (LC/REV 41 of 2011)

Tseiso v OK Bazaars Lesotho (Pty) Ltd t/a Shoprite and Another (LC/REV 41 of 2011) [2015] LSLC 8 (11 February 2015)

The Labour Court reviewed an arbitral award, found the compensation remedy irrational, and corrected the award to order reinstatement without loss of benefits.

  • Unfair dismissal
  • Review of arbitral award
  • Remedies for unfair dismissal
  • Labour-law
  • Unfair-dismissal
  • Judicial-review
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Labour law [2015] LSLC 21

Lesotho Bakery (Pty) Ltd v Loape and Another (LC/REV 73 of 12)

Lesotho Bakery (Pty) Ltd v Loape and Another (LC/REV 73 of 12) [2015] LSLC 21 (14 January 2015)

The Arbitrator failed to apply his mind to all essential elements of a rescission application by considering only the explanation for default and not the bona fide defence or prospects of success, constituting a material mistake of law and reviewable error under Section 228F(3) of the Labour Code (Amendment) Act, 2000.

  • Rescission of judgment
  • Review of arbitral award
  • Unfair dismissal
  • Procedural fairness
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Labour law [2014] LSLC 42

Lesala v Lesotho Revenue Authority and Others (LC/REV 35 of 2010)

Lesala v Lesotho Revenue Authority and Others (LC/REV 35 of 2010) [2014] LSLC 42 (3 December 2014)

The Labour Court of Lesotho granted a review and remitted a labour dispute to the DDPR. It held the arbitrator mishandled single-witness evidence and an untendered document.

  • Review of arbitral award
  • Single witness rule
  • Admissibility of documentary evidence
  • Hearsay
  • Labour-review
  • Single-witness-evidence
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Labour law [2014] LSLC 54

Boliba Multi Purpose Co-operative v Sopeng and Another (LC/REV 7 of 12)

Boliba Multi Purpose Co-operative v Sopeng and Another (LC/REV 7 of 12) [2014] LSLC 54 (24 October 2014)

The Labour Court of Lesotho reviewed and set aside a DDPR award, holding that the arbitrator unreasonably found a denial of access to documents in the dismissal hearing.

  • Unfair dismissal
  • Procedural fairness
  • Access to information
  • Review of arbitral award
  • Labour-law
  • Unfair-dismissal
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Labour law [2014] LSLC 39

Seville Foods (Pty) Ltd v Makhaola and Another (LC/REV 29 of 2013)

Seville Foods (Pty) Ltd v Makhaola and Another (LC/REV 29 of 2013) [2014] LSLC 39 (15 September 2014)

The Labour Court dismissed a review of an arbitration award, holding that the applicant had not raised a true set-off defence and the arbitrator had jurisdiction.

  • Arbitration award
  • Severance pay
  • Set off
  • Jurisdiction
  • Review of arbitral award
  • Labour-law
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Labour law [2014] LSLC 56

Naleli Holdings (Pty) Ltd v Ramatobo and Another (LC/REV 33 of 11)

Naleli Holdings (Pty) Ltd v Ramatobo and Another (LC/REV 33 of 11) [2014] LSLC 56 (21 July 2014)

The Labour Court of Lesotho dismissed a review of a DDPR award, holding that the arbitrator’s finding of no dismissal was rational and justified.

  • Unfair dismissal
  • Termination of employment
  • Procedural fairness
  • Review of arbitral award
  • Labour-law
  • Unfair-dismissal
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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.