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Lesotho Case Law

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Public service law [2012] LSCA 52

Lerotholi v Government Secretary and Others (C of A (CIV) 72 of 2011)

Lerotholi v Government Secretary and Others (C of A (CIV) 72 of 2011) [2012] LSCA 52 (19 October 2012)

The Court of Appeal held that the Public Service Regulations 1969 barred payment in lieu of accumulated holiday and foreign service leave, and dismissed the appeal.

  • Leave entitlement
  • Payment in lieu of leave
  • Statutory interpretation
  • Payment-in-lieu-of-leave
  • Public-service-law
  • Statutory-interpretation
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Labour law [2010] LSLC 28

Mafube Taxi Association (MBTA) and Another v Mashapha and Others (LC/REV 23 of 10)

Mafube Taxi Association (MBTA) and Another v Mashapha and Others (LC/REV 23 of 10) [2010] LSLC 28 (23 November 2010)

The Labour Court granted condonation for a late review, then partially reviewed an arbitration award for ignoring undisputed evidence and miscalculating severance pay.

  • Condonation of late filing
  • Review of arbitral award
  • Employment relationship
  • Severance pay
  • Leave entitlement
  • Salary claim
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Labour law [2009] LSLC 15

Sephoko v Qalo High School (LC 2 of 8)

Sephoko v Qalo High School (LC 2 of 8) [2009] LSLC 15 (22 September 2009)

The Labour Court found the applicant resigned, not dismissed, and dismissed her claim after holding the respondent’s evidence was more consistent and corroborated.

  • Dismissal
  • Retrenchment
  • Jurisdiction
  • Employment relationship
  • Severance pay
  • Leave entitlement
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Labour law [2007] LSLC 1

Lesotho Highlands Development Authority v Ranthamane (LAC/REV/75/05; LC/REV/364/06)

Lesotho Highlands Development Authority v Ranthamane (LAC/REV/75/05; LC/REV/364/06) [2007] LSLC 1 (14 February 2007)

The Labour Court held that a DDPR arbitrator’s refusal of absolution from the instance is interlocutory and neither appealable nor reviewable.

  • Absolution from the instance
  • Interlocutory orders
  • Reviewability of arbitral rulings
  • Leave entitlement
  • Labour-law
  • Arbitration
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Labour law [2006] LSLC 14

Labour Commissioner v Mathabo McCloy & Associates (Pty) Ltd (LC 1 of 6)

Labour Commissioner v Mathabo McCloy & Associates (Pty) Ltd (LC 1 of 6) [2006] LSLC 14 (24 October 2006)

Court retains jurisdiction due to principle of continuance. Complainants failed to prove accrued leave days and did not give proper notice; severance pay and leave claims dismissed. Deductions exceeded statutory limits and were imposed arbitrarily without proper investigation; respondent ordered to refund complainants.

  • Jurisdiction
  • Resignation
  • Notice
  • Leave entitlement
  • Severance pay
  • Unlawful wage deductions
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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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Labour law [2004] LSLC 1

Tsebetsalalaka v Phelanyane (LC/ENF 340 of 3)

Tsebetsalalaka v Phelanyane (LC/ENF 340 of 3) [2004] LSLC 1 (6 February 2004)

The Labour Court partly enforced and partly corrected an arbitral award, setting aside severance pay and reducing leave pay before ordering payment of M750.

  • Enforcement of arbitral awards
  • Severance pay
  • Leave entitlement
  • Jurisdiction of labour court
  • Review of arbitral awards
  • Labour-law
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Labour law [2002] LSLC 15

Labour Commissioner v Fish Eagle Security (Pty) Ltd (LC 25 of 0)

Labour Commissioner v Fish Eagle Security (Pty) Ltd (LC 25 of 0) [2002] LSLC 15 (2 October 2002)

The Labour Court dismissed a wage and retrenchment claim because the applicants failed to prove what each worker had received and what remained unpaid.

  • Retrenchment
  • Notice pay
  • Leave entitlement
  • Minimum wage
  • Unpaid wages
  • Labour-law
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Labour law [2001] LSLC 20

Makhetha v Flash Construction (LC 66 of 99)

Makhetha v Flash Construction (LC 66 of 99) [2001] LSLC 20 (11 December 2001)

The court lacked jurisdiction to hear the unfair dismissal claim due to late filing without condonation. Severance pay and leave entitlement were not due as the applicant had not met the minimum periods of service required by law.

  • Unfair dismissal
  • Severance pay
  • Leave entitlement
  • Jurisdiction
  • Limitation period
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Employment law [2001] LSLC 15

Khoeli v Sekhonyana (LC 28 of 0)

Khoeli v Sekhonyana (LC 28 of 0) [2001] LSLC 15 (26 October 2001)

The Labour Court of Lesotho awarded the employee M2,160 for severance and untaken leave, but dismissed an overtime claim for lack of proof.

  • Severance pay
  • Leave entitlement
  • Overtime pay
  • Default judgment
  • Employment-law
  • Severance-pay
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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.