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Lesotho decisions
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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.
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.
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Chabeli Letebele v Lesotho Electricity Company (Pty) Ltd and Another (LC/REV 75 of 2012) [2014] LSLC 32 (12 June 2014)
The application was a review as it challenged the method of trial, not the merits. The arbitrator considered the applicant's explanation for delay and applied her mind to the evidence and relevant legal principles. There was no irregularity in the arbitration award, and the condonation application was properly dismissed.
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Phole Ntene v Highlands Natural Resources and Rural Income Enhancement Project (HNRRIEP) and Others (LC 9 of 2010) [2014] LSLC 4 (28 February 2014)
The Labour Court held that the 2nd respondent was not the applicant’s employer and dismissed the claims against it for want of jurisdiction.
Labour Commissioner v Fish Eagle Security (Pty) Ltd (LC 20/01; LC 21/01) [2002] LSLC 14 (2 October 2002)
The Labour Court held that minimum wage terms under the Labour Code override contrary agreements, and partly allowed two workers’ claims against a security company.
Lesotho Workforce Trade Union and Another v Muela Hydropower Project Contractors and Another (LC 27 of 97) [1998] LSLC 2 (27 January 1998)
The first applicant (trade union) lacked locus standi as there was no evidence it was properly formed or operating under the name used; the main action survives with the individual applicants. The issue of unfair dismissal is res judicata due to a compromise agreement reached between the recognised union (CAWULE) and the respondents, which settled the dispute. The issues of underpayment and discrimination are not determined and may proceed upon provision of further particulars.
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Lesotho Clothing and Allied Workers Union (LECAWU) v C&Y Garments (Pty) Ltd (LC 114 of 95) [1996] LSLC 8 (30 May 1996)
The Labour Court dismissed a union’s challenge to mass dismissals after a strike, finding no proved unfair labour practice and no evidence for overtime claims.
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