Employment Law

Selebalo V COMPOL (CIV/APN/697/14) [2021]LSHC 05 (02 March 2021);

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SUMMARY

When re-instatement is ordered as a remedy for urgent dismissal, the employer must re-employ the dismissed employee as the first step. Secondly, the employee is entitled to receive payments that she would have been entitled to if the unfair dismissed had not occurred.

 

 

IN THE HIGH COURT OF LESOTHO

                                                                                                            CIV/APN/697/14

HELD AT MASERU

In the matter between:

MAMPESA SELEBALO                                                                         PLAINTIFF

VS

COMMISSIONER OF POLICE                                                    1ST  DEFENDANT

Principal Secretary- Ministry of Mining v Gugushe (C of A (CIV) 30/19) [2020] LSCA 33 (30 October 2020);

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Principal Secretary and Commissioner of Mines giving assurance that the Respondent study leave will be approved- Their successors charging the respondent for absenteeism and dismissing her without a hearing- an individual must be heard before a decision which will adversely affect him/her is made.

                  

 

IN THE COURT OF APPEAL OF LESOTHO

                                                                             C OF A (civ) No 30/2019

                                                                                   Civ /APN/101/2018

HELD AT MASERU

In the matter between:

PRINCIPAL SECRETARY MINISTRY OF MINING                            1st APPELLANT

Hoohlo v Lesotho Electricity Company (C of A (CIV) 09/20) [2020] LSCA 23 (30 October 2020);

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IN THE COURT OF APPEAL OF LESOTHO

 

HELD AT MASERU                          C OF A (CIV) NO.:   9/2020

 

CIV/APN/269/2018

 

In the matter between:

 

MBELE HOOHLO                                                     APPELLANT

 

 

AND

 

 

LESOTHO ELECTRICITY COMPANY

(PTY) LTD                                                             RESPONDENT

 

Leluma v The Commissioner of Police (CIV/APN/129/20) [2020] LSHC 45 (26 June 2020);

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Employment law- Applicant challenging his transfer from Maseru to Mokhotlong on the basis that it was both unreasonable and arbitrary- Application dismissed with costs.

                          IN THE HIGH COURT OF LESOTHO

 

HELD  AT  MASERU                                  CIV/APN/129/2020

 

                                                             

In the Matter Between:-

 

HALEEO LELUMA                                     APPLICANT                                                

AND

 

THE COMMISSIONER OF POLICE             1ST RESPONDENT

Sello v The Principal Secretary Foreign Affairs (CIV/APN/302/19) [2020] LSHC 43 (26 May 2020);

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Summary: Employment law- Applicant was a Personal Aide to the Minister of Foreign Affairs engaged on a fixed term contract of three years- She was dismissed by the said Minister without following  the procedures laid out in the Public Service Regulations 2008 and Codes of Good Practice 2008- measure of damages when a fixed term contract is terminated prematurely.

                          IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                CIV/APN/302/2019                                                   

 

In the Matter Between: -

 

 

THATOHATSI ROSE SELLO                          APPLICANT                                                             

AND

 

PRINCIPAL SECRETARY                                     1ST RESPONDENT

FOREIGN AFFAIRS

 

Hoohlo v Lesotho Electricity Company (C of A (CIV) 05/20) [2020] LSCA 20 (30 October 2020);

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The Labour Court has exclusive jurisdiction in labour matters. A claim for the repayment of money, which the appellant received as a result of his allegedly unlawful increase of his salary as managing director of the respondent, should have been brought in the Labour Court and not in the High Court sitting as the Commercial Court. The same applies to the appellant’s counter-claim. The High Court correctly found that it lacked jurisdiction regarding the counter-claim. The main claim is referred to the Labour Court. The High Court correctly found that the appellant’s joinder of four parties in the counter-claim was irregular. No order is made as to costs.

 

 

IN THE COURT OF APPEAL OF LESOTHO

HELD AT MASERU             C OF A (CIV) 05/2020                                                                                                                    

 

In the matter between

Teleki v Lesotho College of Education (CIV/APN/368/19) [2019] LSHC 60 (12 December 2019);

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CASE SUMMARY:  Application for review of Disciplinary proceedings held against the applicant on the basis that his rights were never explained to him; non-compliance with peremptory requirement that the decision against him be communicated within five working days: that summary of facts was not made after the applicant had pleaded guilty,; double – jeopardy: Application dismissed with costs.

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                                         CIV/APN/368/2019

 

In the Matter Between:-

 

RASEKONATLA TELEKI                                                                 APPLICANT

AND

LESOTHO COLLEGE OF EDUCATION                                         1ST RESPONDENT

Molapo v Principal Seretary-Ministry of Communications and Technology (CIV/APN/105/19) [2019] LSHC 54 (12 December 2019);

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CASE SUMMARY:   Applicant suing the respondents on the basis of discrimination when his colleagues were upgraded per Circular No. 7 of 2013, to his exclusion – The applicant’s case implicates the provisions of s. 18(2) of the Constitution of Lesotho- Held Applicant failed to prove personal characteristics similar or analogous to his colleagues who were upgraded to his exclusion

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                                         CIV/APN/105/2019

 

In the Matter Between:-

 

MOSHOESHOE MOLAPO                                                            APPLICANT

AND

PS MINISTRY OF COMMUNICATIONS

AND TECHNOLOGY                                                                       1ST RESPONDENT

Lesotho Revenue Authority Staff Union v Lesotho Revenue Authority (LC/24/17) [2017] LSLC 8 (24 August 2017);

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IN THE LABOUR COURT OF LESOTHO                                                                 LC 24/17

HELD AT MASERU

In the matter between:

LESOTHO REVENUE AUTHORITY STAFF UNION                                      APPLICANT

(LERASU)

and

LESOTHO REVENUE AUTHORITY                                                              RESPONDENT

 __________________________________________________________________

JUDGMENT

Ellerines Furnitures Lesotho (Pty) Ltd v Khuele (LC/REV/39/14) [2017] LSLC 7 (17 August 2017);

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IN THE LABOUR COURT OF LESOTHO                                                        LC/REV/39/14

HELD AT MASERU

In the matter between:

ELLERINES FURNITURES, LESOTHO (PTY) LTD                                        APPLICANT

and

STEPHEN TS`EISI KHUELE                                                                       1st RESPONDENT

DIRECTORATE OF DISPUTES PREVENTION AND                            2nd RESPONDENT

RESOLUTION

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