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Lesotho Case Law

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Labour law [2015] LSLC 30

Meditterenean Shipping Company (Pty) Ltd v Khitsane (LC/ENF 63 of 2013)

Meditterenean Shipping Company (Pty) Ltd v Khitsane (LC/ENF 63 of 2013) [2015] LSLC 30 (11 May 2015)

The application for stay is dismissed because the grounds for security are not met under the Labour Code, the alleged fear is an afterthought and unsupported, set off is not automatic, and this court cannot stay enforcement pending proceedings in another court outside its jurisdiction.

  • Stay of enforcement
  • Security for judgment
  • Set off
  • Jurisdiction
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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 [2013] LSLC 42

T & T Security Services (Pty) Ltd v Samuel Peapea (LC 29 of 12)

T & T Security Services (Pty) Ltd v Samuel Peapea (LC 29 of 12) [2013] LSLC 42 (12 August 2013)

The Labour Court of Lesotho dismissed an employer’s set-off claim for want of jurisdiction, holding that set-off must be raised defensively and that conciliation had not occurred.

  • Jurisdiction
  • Set off
  • Labour disputes
  • Procedure
  • Labour-law
  • Set-off
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Employment law [2012] LSHC 36

Moteane v Ministry of Finance and Another (CIV/T 735 of 2010)

Moteane v Ministry of Finance and Another (CIV/T 735 of 2010) [2012] LSHC 36 (20 April 2012)

The High Court of Lesotho held that the state failed to prove any overpayment, so it could not withhold the plaintiff’s gratuity by way of set-off.

  • Terminal benefits
  • Set off
  • Proof of debt
  • Civil procedure
  • Employment-law
  • Public-service-law
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Labour law [2010] LSLC 24

Matjama v Directorate of Disputes Prevention and Resolution and Another (LC/REV 4 of 8)

Matjama v Directorate of Disputes Prevention and Resolution and Another (LC/REV 4 of 8) [2010] LSLC 24 (21 October 2010)

Labour Court review partly succeeded: severance pay and underpaid terminal benefits were awarded, but the claim for three months' salary was dismissed.

  • Severance pay
  • Set off
  • Terminal benefits
  • Dismissal for misconduct
  • Interpretation of employment contracts
  • Severance-pay
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Labour law [2005] LSLC 12

Hlajoane v Christian Council of Lesotho (LC 38 of 5)

Hlajoane v Christian Council of Lesotho (LC 38 of 5) [2005] LSLC 12 (3 November 2005)

The Labour Court held that the employer unlawfully surcharged an employee without a hearing and ordered repayment of M9,707.93 plus costs.

  • Surcharge
  • Set off
  • Audi alteram partem
  • Disciplinary proceedings
  • Jurisdiction
  • Labour-law
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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.