Lesotho Case Law

Nedbank Lesotho Limited v Mareletse (LC/REV 78 of 15)

Nedbank Lesotho Limited v Mareletse (LC/REV 78 of 15) [2020] LSLC 1 (16 March 2020)

Court

Labour Court

Case number

LC/REV 78 of 15

The arbitrator misconstrued the nature of the enquiry by focusing on the identity of the person responsible for the missing cash and other irrelevant factors, instead of determining whether the 1st respondent’s conduct amounted to gross negligence and negligence. This led to an unreasonable decision. The failure to observe dual custodianship and to perform daily balancing duties constituted negligence, justifying the review and setting aside of the arbitral award.

Source excerpt

• Gross negligence
• Negligence
• Unfair dismissal
• Dual custodianship
• Disciplinary procedure
• Review of arbitration award

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Moima v TFS Wholesale (Pty) Ltd and Another (LC/REV 21 of 2015)

Moima v TFS Wholesale (Pty) Ltd and Another (LC/REV 21 of 2015) [2015] LSLC 65 (12 October 2015)

Court

Labour Court

Case number

LC/REV 21 of 2015

The Labour Court of Lesotho granted review of an arbitration award after finding the arbitrator failed to consider relevant facts and representation law.

• Review of arbitration award
• Failure to apply mind
• Representation in labour proceedings
• Dismissal for non-attendance
• Labour-law
• Judicial-review

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Thialala Security (Pty) Ltd v Ntsiki and Others (LC/REV 139 of 2014)

Thialala Security (Pty) Ltd v Ntsiki and Others (LC/REV 139 of 2014) [2015] LSLC 66 (9 October 2015)

Court

Labour Court

Case number

LC/REV 139 of 2014

The rescission application was heard by an arbitrator other than the one who issued the original award, without any cause shown as required by Regulation 29(4). This procedural irregularity warrants review and correction of the award.

Source excerpt

• Review of arbitration award
• Procedural irregularity
• Rescission of award

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Mphou v Boliba Multi purpose and Corporation and Another (LC/REV 47 of 2011)

Mphou v Boliba Multi purpose and Corporation and Another (LC/REV 47 of 2011) [2015] LSLC 60 (10 August 2015)

Court

Labour Court

Case number

LC/REV 47 of 2011

The Labour Court reviewed a DDPR award in part, finding the arbitrator failed to consider mitigation of loss when fixing compensation for unfair dismissal.

• Review of arbitration award
• Compensation for unfair dismissal
• Procedural fairness
• Severance pay
• Leave pay
• Labour-law

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Maseru Prep School and School Board v Motsusi and Another (LC/REV 80 of 2013)

Maseru Prep School and School Board v Motsusi and Another (LC/REV 80 of 2013) [2015] LSLC 61 (10 August 2015)

Court

Labour Court

Case number

LC/REV 80 of 2013

Labour Court review of a DDPR arbitration award refused. The court found no denial of hearing, upheld the jurisdiction ruling, and found no prejudice from the missing record.

• Review of arbitration award
• Jurisdiction
• Condonation
• Procedural fairness
• Labour-law
• Judicial-review

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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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Reliable Transport Company v Kobile and Others (LC/REV 10 of 2013)

Reliable Transport Company v Kobile and Others (LC/REV 10 of 2013) [2015] LSLC 56 (10 August 2015)

Court

Labour Court

Case number

LC/REV 10 of 2013

The Labour Court reviewed and set aside a DDPR award after finding the arbitrator ignored relevant condonation factors. Claims of unreasonableness and bias failed.

• Review of arbitration award
• Condonation application
• Procedural fairness
• Bias
• Unreasonableness
• Labour-law

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Sobita Investment (Pty) Ltd t/a Lakeside Hotel v Monethi and Others (LC/REV 109 of 2010)

Sobita Investment (Pty) Ltd t/a Lakeside Hotel v Monethi and Others (LC/REV 109 of 2010) [2015] LSLC 34 (11 May 2015)

Court

Labour Court

Case number

LC/REV 109 of 2010

It was improper for the applicant’s representative to depose to an affidavit on behalf of the applicant and continue to represent the applicant in the same proceedings; the representative must be excused from the case.

Source excerpt

• Review of arbitration award
• Legal representation
• Conflict of interest

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Mafatle v J and S Fashion (Pty) Ltd and Another (LC/REV 155 of 13)

Mafatle v J and S Fashion (Pty) Ltd and Another (LC/REV 155 of 13) [2015] LSLC 35 (11 May 2015)

Court

Labour Court

Case number

LC/REV 155 of 13

Labour Court review of an arbitration award for unfair dismissal failed after the court found procedural non-compliance and no reviewable irregularity.

• Review of arbitration award
• Unfair dismissal
• Procedural compliance
• Distinction between appeal and review
• Labour-law
• Judicial-review

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Mafisa and Others v Lesotho Flour Mills Ltd and Another (LC/REV 39 of 2012)

Mafisa and Others v Lesotho Flour Mills Ltd and Another (LC/REV 39 of 2012) [2015] LSLC 33 (11 May 2015)

Court

Labour Court

Case number

LC/REV 39 of 2012

The Labour Court refused condonation for a late review, found the delay inadequately explained, and dismissed the review for want of jurisdiction.

• Condonation
• Review of arbitration award
• Jurisdiction
• Prescription
• Labour-review
• Arbitration-award

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