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Lesotho Case Law

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Labour law [2015] LSLC 48

Makatsela v Econet Telecom Lesotho (LC 23 of 2011)

Makatsela v Econet Telecom Lesotho (LC 23 of 2011) [2015] LSLC 48 (10 August 2015)

The Labour Court of Lesotho held that Makatsela’s retrenchment was fair, but ordered Econet-Telecom Lesotho to pay unpaid pension benefits.

  • Unfair dismissal
  • Operational requirements
  • Retrenchment
  • Consultation
  • Employee benefits
  • Unfair-dismissal
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Labour law [2015] LSLC 46

Thite v Mineworkers Development Agency (LC 20 of 2013)

Thite v Mineworkers Development Agency (LC 20 of 2013) [2015] LSLC 46 (10 August 2015)

The Labour Court of Lesotho held that Thite’s retrenchment was unfair, finding he was effectively permanent, was not properly consulted, and awarded compensation.

  • Unfair dismissal
  • Retrenchment
  • Compensation
  • Employment status
  • Unfair-dismissal
  • Employment-status
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Labour law [2011] LSLC 2

Buti and Others v Lesotho Precious Garments (Pty) Ltd (LC/REV 27 of 9)

Buti and Others v Lesotho Precious Garments (Pty) Ltd (LC/REV 27 of 9) [2011] LSLC 2 (15 July 2011)

The respondent complied with the legal requirements for consultation prior to retrenchment by informing and consulting the affected employees once retrenchment was identified as a possible solution, and gave preference to former employees for reemployment based on declared skills and applications. There was no evidence of procedural or substantive unfairness or selective reemployment against the applicants.

  • Retrenchment
  • Consultation
  • Selective reemployment
  • Unfair dismissal
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Employment law [2008] LSLC 25

Labour Commissioner (OBO) Simon Lengoasa v Lesotho Red Cross Society (LC 31 of 2008)

Labour Commissioner (OBO) Simon Lengoasa v Lesotho Red Cross Society (LC 31 of 2008) [2008] LSLC 25 (12 September 2008)

The Labour Court held that Simon Lengoasa’s retrenchment by the Lesotho Red Cross Society was substantively and procedurally fair, and dismissed the application.

  • Retrenchment
  • Unfair dismissal
  • Procedural fairness
  • Substantive fairness
  • Consultation
  • Notice period
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Labour law [2008] LSLC 19

National Union of Retail and Allied Workers v Telecom Lesotho (LC 16 of 2004)

National Union of Retail and Allied Workers v Telecom Lesotho (LC 16 of 2004) [2008] LSLC 19 (13 August 2008)

The Labour Court of Lesotho dismissed a union challenge to Telecom Lesotho’s restructuring, finding substantial consultation and no proof of the alleged irregularities.

  • Restructuring
  • Consultation
  • Recognition agreement
  • Retrenchment
  • Union rights
  • Labour-law
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Labour law [2008] LSLC 10

Nena v Standard Lesotho Bank (LC 32 of 2007)

Nena v Standard Lesotho Bank (LC 32 of 2007) [2008] LSLC 10 (10 June 2008)

The Labour Court upheld most of a retrenched bank employee’s challenge but found his severance had been wrongly calculated using 14 years instead of 34.

  • Retrenchment
  • Consultation
  • Severance pay
  • Collective agreements
  • Selection criteria
  • Severance-pay
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Labour law [2006] LSLC 15

Raliengoane v Attorney General and Others (LC 8 of 5)

Raliengoane v Attorney General and Others (LC 8 of 5) [2006] LSLC 15 (2 November 2006)

The Labour Court of Lesotho held that the retrenchment was substantively fair but procedurally unfair for lack of consultation and proper notice, awarding six months’ salary.

  • Retrenchment
  • Procedural fairness
  • Substantive fairness
  • Notice of termination
  • Consultation
  • Compensation for unfair dismissal
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Labour law [2005] LSLC 15

Lethibela v Phasemane Holdings (Pty) Ltd (LC 5 of 4)

Lethibela v Phasemane Holdings (Pty) Ltd (LC 5 of 4) [2005] LSLC 15 (1 December 2005)

The applicant was consulted regarding the operational reasons for retrenchment and the decision to outsource security functions. The evidence of consultation was uncontroverted. The court will not interfere with the employer's commercial decision to outsource, and the retrenchment complied with the relevant guidelines.

  • Retrenchment
  • Consultation
  • Unfair dismissal
  • Outsourcing
  • Judicial notice
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Labour law [2005] LSLC 9

Labour Commissioner v CGM Industrial (Pty) Ltd (LC 70 of 4)

Labour Commissioner v CGM Industrial (Pty) Ltd (LC 70 of 4) [2005] LSLC 9 (18 October 2005)

The Labour Court held that the employer unfairly retrenched workers by failing to consult them before retrenchment and by frustrating their reemployment.

  • Retrenchment
  • Consultation
  • Unfair dismissal
  • Settlement agreement
  • Reemployment
  • Labour-law
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Employment law [2005] LSLC 6

Molaoli v Lesotho Highlands Development Authority (LC 54 of 4)

Molaoli v Lesotho Highlands Development Authority (LC 54 of 4) [2005] LSLC 6 (1 September 2005)

The Labour Court found the applicants were employees of LHDA, but their relationship was governed by Terms of Reference. The dismissal claim failed, except for 10 leave days owed to one applicant.

  • Employee status
  • Retrenchment
  • Contractual terms
  • Leave entitlement
  • Employee-status
  • Consultation
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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.