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Employment law [2023] LSCA 10

Ts'epang Ramots'oari v The Director - Teaching Service Department (C of A (CIV) 19/2023)

Ts'epang Ramots'oari v The Director - Teaching Service Department (C of A (CIV) 19/2023) [2023] LSCA 10 (17 November 2023)

Court
Court of Appeal
Case number
C of A (CIV) 19/2023

The appellant was not dismissed or suspended; barring her from the Maseru office and stopping her salary for failure to report to Mokhotlong did not constitute termination. Disciplinary proceedings were pending, and the employment relationship subsisted. The High Court correctly found no case for review or reinstatement.

Source excerpt

  • Summary dismissal
  • Reinstatement
  • Transfer of public officers
  • Disciplinary procedure
  • Salary stoppage
  • Probationary appointment
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Labour law [2020] LSLC 1

Nedbank Lesotho Limited v Mareletse (LC/REV 78 of 15)

Nedbank Lesotho Limited v Mareletse (LC/REV 78 of 15) [2020] LSLC 1 (16 March 2020)

Court
Labour Court
Case number
LC/REV 78 of 15

The arbitrator misconstrued the nature of the enquiry by focusing on the identity of the person responsible for the missing cash and other irrelevant factors, instead of determining whether the 1st respondent’s conduct amounted to gross negligence and negligence. This led to an unreasonable decision. The failure to observe dual custodianship and to perform daily balancing duties constituted negligence, justifying the review and setting aside of the arbitral award.

Source excerpt

  • Gross negligence
  • Negligence
  • Unfair dismissal
  • Dual custodianship
  • Disciplinary procedure
  • Review of arbitration award
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Labour law [2017] LSLC 10

Limkokwing University of Creative Technology Lesotho v Mafethe (LC/REV 34 of 14)

Limkokwing University of Creative Technology Lesotho v Mafethe (LC/REV 34 of 14) [2017] LSLC 10 (21 September 2017)

Court
Labour Court
Case number
LC/REV 34 of 14

The employer's disciplinary code did not expressly provide for an increase of sanction on appeal; thus, the Arbitrator's finding that the employer could not increase the sanction was correct. However, the Arbitrator erred in awarding compensation for the remainder of the contract as the respondent only challenged procedural fairness, not substantive fairness.

Source excerpt

  • Disciplinary procedure
  • Employer's right of appeal
  • Natural justice
  • Quantum of compensation
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Administrative law [2015] LSCA 21

Teaching Service Commission and Others v Makhobalo (C of A (CIV) 2 of 2015)

Teaching Service Commission and Others v Makhobalo (C of A (CIV) 2 of 2015) [2015] LSCA 21 (7 August 2015)

Court
Court of Appeal
Case number
C of A (CIV) 2 of 2015

On the facts, the respondent failed to tender services or provide any explanation for his prolonged absence, and the employer made efforts to have him return. The right to a hearing was ousted in these circumstances, entitling the employer to withhold salary without affording audi.

Source excerpt

  • Audi alteram partem
  • No work no pay
  • Disciplinary procedure
  • Withholding of salary
  • Public service employment
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Employment law [2014] LSLC 40

Mafereka v Minister of Public Works and Transport and Others (LC/PS/A 5 of 2013)

Mafereka v Minister of Public Works and Transport and Others (LC/PS/A 5 of 2013) [2014] LSLC 40 (3 December 2014)

Court
Labour Court
Case number
LC/PS/A 5 of 2013

The Labour Court of Lesotho allowed an appeal, finding the disciplinary charges vague and the hearing unfair after a sine die postponement and illness notification.

  • Unfair dismissal
  • Natural justice
  • Disciplinary procedure
  • Unfair-dismissal
  • Natural-justice
  • Disciplinary-procedure
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Labour law [2014] LSLC 58

Kometsi v C and Y Garments (Pty) Ltd and Another (LC/REV 62 of 12)

Kometsi v C and Y Garments (Pty) Ltd and Another (LC/REV 62 of 12) [2014] LSLC 58 (14 November 2014)

Court
Labour Court
Case number
LC/REV 62 of 12

The Labour Court upheld a dismissal for absenteeism, holding that wage forfeiture for an unauthorised absence was not double jeopardy.

  • Unfair dismissal
  • Double jeopardy
  • Absenteeism
  • Employment contract
  • Disciplinary procedure
  • Unfair-dismissal
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Labour law [2014] LSLAC 6

Nthabiseng Moliko v C and Y Garments (Pty) Ltd (LAC/CIV/A 7 of 2013)

Nthabiseng Moliko v C and Y Garments (Pty) Ltd (LAC/CIV/A 7 of 2013) [2014] LSLAC 6 (21 January 2014)

Court
Labour Appeal Court
Case number
LAC/CIV/A 7 of 2013

The Labour Appeal Court of Lesotho dismissed an appeal over dismissal powers, holding the disciplinary chairperson had authority to impose dismissal under the employer’s rules.

  • Disciplinary procedure
  • Authority to dismiss
  • Review of arbitration award
  • Labour-law
  • Disciplinary-procedure
  • Dismissal
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Labour law [2013] LSLC 62

Mochela Matsepe v Lesotho Flour Mills and Another (LC/REV 12 of 10)

Mochela Matsepe v Lesotho Flour Mills and Another (LC/REV 12 of 10) [2013] LSLC 62 (20 November 2013)

Court
Labour Court
Case number
LC/REV 12 of 10

The Labour Court of Lesotho upheld a DDPR award dismissing a review of dismissal, finding no reviewable irregularity or ignored critical evidence.

  • Unfair dismissal
  • Review of arbitral award
  • Disciplinary procedure
  • Labour-law
  • Unfair-dismissal
  • Judicial-review
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Labour law [2013] LSLC 61

Ministry of Communications, Science and Technology and Another v Lydia Mohloli and Others (LC/PS/A 2 of 10)

Ministry of Communications, Science and Technology and Another v Lydia Mohloli and Others (LC/PS/A 2 of 10) [2013] LSLC 61 (21 October 2013)

Court
Labour Court
Case number
LC/PS/A 2 of 10

The Labour Court dismissed an appeal from the Public Service Tribunal, upholding reinstatement for employees dismissed over unaccounted public funds after procedural defects were found.

  • Unfair dismissal
  • Disciplinary procedure
  • Reinstatement
  • Procedural fairness
  • Unfair-dismissal
  • Disciplinary-procedure
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Employment law [2013] LSHC 8

Paseka Raselabe v The Principal Secretary- Ministry of Law and Constitutional Affairs and Another (CIV/APN 441 of 2012)

Paseka Raselabe v The Principal Secretary- Ministry of Law and Constitutional Affairs and Another (CIV/APN 441 of 2012) [2013] LSHC 8 (5 February 2013)

Court
High Court
Case number
CIV/APN 441 of 2012

The High Court held that the applicant’s salary could not be withheld without a prior hearing or valid disciplinary process under the Public Service Act and Codes.

  • Disciplinary procedure
  • Withholding of salary
  • Right to fair hearing
  • Public service act
  • Codes of good practice
  • Employment-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.

Source links and collection timestamps are retained alongside the indexed records.