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Lesotho Case Law

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Labour law [2018] LSCA 10

Former Lesotho Bank Employees v Liquidator Lesotho Bank (C of A (CIV) 12 of 2017)

Former Lesotho Bank Employees v Liquidator Lesotho Bank (C of A (CIV) 12 of 2017) [2018] LSCA 10 (7 December 2018)

The Court of Appeal dismissed an employee appeal against a liquidated bank, holding that any order for severance pay would be unenforceable and futile.

  • Liquidation
  • Severance pay
  • Jurisdiction
  • Enforceability of court orders
  • Severance-pay
  • Unenforceable-orders
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Labour law [2016] LSLC 2

Mangope v Ok Bazaars t/a Shoprite (Pty) Ltd and Another (LC/REV 128 of 13)

Mangope v Ok Bazaars t/a Shoprite (Pty) Ltd and Another (LC/REV 128 of 13) [2016] LSLC 2 (17 August 2016)

The Labour Court upheld an arbitrator’s calculation of severance pay and rejected an underpayment claim, finding the employee was paid for hours worked under a flexible contract.

  • Severance pay
  • Underpayment
  • Minimum wage
  • Casual employment
  • Part-time employment
  • Labour-law
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Employment law [2016] LSLC 5

Maapesa v OK Furnitures (Pty) Ltd (LC 56 of 15)

Maapesa v OK Furnitures (Pty) Ltd (LC 56 of 15) [2016] LSLC 5 (22 June 2016)

The Labour Court lacks jurisdiction as the dispute concerns non-payment of monies due under the Labour Code, which falls within the DDPR's mandate, not the validity of the exemption certificate.

  • Severance pay
  • Jurisdiction
  • Exemption certificate
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Labour law [2015] LSLC 60

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)

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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Labour law [2015] LSCA 16

Hlekwayo v Mountain Star Lodge (Pty) Ltd (C of A (CIV) 49 of 14)

Hlekwayo v Mountain Star Lodge (Pty) Ltd (C of A (CIV) 49 of 14) [2015] LSCA 16 (7 August 2015)

The Court of Appeal held that an arbitrator may require particulars or evidence before granting default judgment on unparticularised labour claims.

  • Severance pay
  • Public holidays
  • Overtime
  • Weekly rest days
  • Default judgment
  • Burden of proof
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Labour law [2015] LSLC 5

Mphuthing v Sun International (Pty) Ltd and Another (LC/REV 8 of 2011)

Mphuthing v Sun International (Pty) Ltd and Another (LC/REV 8 of 2011) [2015] LSLC 5 (11 February 2015)

The Labour Court of Lesotho granted review of an arbitration award, remitting the matter to the DDPR for a fresh hearing before a different arbitrator.

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Labour law [2014] LSCA 48

Maluti Mountain Brewery (Pty) Ltd v Matete and Others (C of A (CIV) 6 of 2014)

Maluti Mountain Brewery (Pty) Ltd v Matete and Others (C of A (CIV) 6 of 2014) [2014] LSCA 48 (24 October 2014)

Where an employee stands to lose an accrued entitlement to severance pay due to an exemption granted to the employer, the employee is entitled to a prior hearing before the exemption is granted.

  • Severance pay
  • Exemption from statutory benefits
  • Right to hearing
  • Jurisdictional facts
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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] LSLAC 7

Dinah Ramona v Econet Telecom Lesotho (Pty) Ltd (LAC/CIV/REV 4 of 2013)

Dinah Ramona v Econet Telecom Lesotho (Pty) Ltd (LAC/CIV/REV 4 of 2013) [2014] LSLAC 7 (5 February 2014)

The Labour Appeal Court of Lesotho held that an employer could not deduct its provident fund contribution from severance pay absent legal authority.

  • Severance pay
  • Pension/provident fund benefits
  • Statutory interpretation
  • Exemption from severance pay
  • Unlawful deductions
  • Labour-law
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Labour law [2013] LSLAC 11

Maletsie Makoanyane v Lesotho Flour Mills and Others (LAC/REV 6 of 13)

Maletsie Makoanyane v Lesotho Flour Mills and Others (LAC/REV 6 of 13) [2013] LSLAC 11 (7 November 2013)

Labour Appeal Court of Lesotho upheld exemptions from severance pay where a provident fund offered better benefits, and dismissed a counter-application for non-joinder.

  • Severance pay
  • Exemption from statutory benefits
  • Provident fund agreements
  • Natural justice
  • Review of administrative action
  • Labour-law
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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.