Lesotho Case Law

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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Lesotho College of Education Staff Union and Others v Lesotho College of Education (LC 35 of 14)

Lesotho College of Education Staff Union and Others v Lesotho College of Education (LC 35 of 14) [2015] LSLC 20 (18 March 2015)

Court

Labour Court

Case number

LC 35 of 14

The Labour Court held that employees who returned after a strike could be required to complete outstanding work without extra pay, and dismissed claims of forced labour and unfair labour practice.

• Strike action
• No work no pay
• Forced labour
• Unfair labour practice
• Disciplinary proceedings
• No-work-no-pay

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National University of Lesotho v Lesotho University Teachers and Researchers Union (LC 18 of 12)

National University of Lesotho v Lesotho University Teachers and Researchers Union (LC 18 of 12) [2013] LSLC 57 (2 August 2013)

Court

Labour Court

Case number

LC 18 of 12

The Labour Court held it lacked jurisdiction over a dispute about whether a suspended strike could be revived after employees returned to work; the matter was a trade dispute for conciliation.

• Strike action
• Jurisdiction
• Trade disputes
• Conciliation
• No work no pay
• Non-joinder

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