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Lesotho decisions
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Phala v The Commissioner of Police (CIV/APN 374 of 17) [2019] LSHC 16 (1 September 2019)
The High Court of Lesotho held that a police officer was entitled to acting pay, and later salary as Senior Inspector, applying estoppel to uphold the promotion.
Tsepang Tumahole v Boliba Multi-Purpose Co-operative (LC 58 of 11) [2013] LSLC 17 (4 April 2013)
The applicant was engaged on secondment terms as evidenced by his appointment letter and internal communications. Upon closure of Boliba Hardware, he was entitled to resume his substantive position within Boliba Multi-Purpose Co-operative. The respondent's failure to facilitate this and instead retrenching him was unreasonable and amounted to unfair dismissal.
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Matete v Institute of Development Management (LC 146 of 0) [2002] LSLC 12 (9 August 2002)
The Labour Court held that no binding settlement was reached and ordered reinstatement of the applicant to his substantive post, with salary arrears subject to deductions.
National University of Lesotho v Moeketsi (C of A (CIV) 6 of 1995) [1995] LSCA 107 (28 July 1995)
The Court of Appeal held there was no implied term requiring reasonable notice before secondment ended. The appeal against salary and housing allowance orders was dismissed.
Ramaema and Another v Minister of the Public Service and Others (CIV\APN 225 of 94) [1995] LSCA 56 (16 March 1995)
The court dismissed an application to block the termination of secondment of two public officers and held it could not compel new service conditions or legislation.
Incomplete Judgement (NA No.) [1995] LSCA 32 (10 February 1995)
The Court of Appeal held that a seconded employee was entitled to return to his university post and that the employer could not unilaterally impose a new return date without a hearing.
Moeketsi v National University of Lesotho (CIV/APN 344 of 93) [1995] LSCA 33 (10 February 1995)
There was no implied term requiring the Public Service to give the respondent notice of termination of secondment; the respondent was not entitled to arbitrarily delay the applicant's resumption of duties or withhold salary for the period after applicant reported readiness to resume work.
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