Labour and Employment Law

Matela V Lesotho Communication Authority (LAC/REV/03/2021) [2021]LSHC 53 (07 July 2021);

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Summary

Suspension of a chief executive officer and removal of the chairperson of the LCA board of directors by the Minister of Communications – characterization of the decision - whether it amounts to administrative action - original jurisdiction of the Labour Appeal Court in terms of Section 38(A) of the Labour Code (amendment) Act 2000

 

 

 

 

 

IN THE LABOUR APPEAL COURT OF LESOTHO

 

 

HELD AT MASERU                                      LAC/REV/03/2021

                                                               

In the matter between:

 

MAMARAME MATELA                                          1ST APPLICANT

MOTANYANE MAKARA                                       2ND APPLICANT

 

AND

 

Nkofo V Lesotho National Development Corporation (CIV/T/273/2017) [2021]LSHC 48 (10 August 2021);

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IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                    CIV/T/273/2017

 

In the matter between:

 

CHAKA NKOFO                                                           PLAINTIFF

 

AND

 

LESOTHO NATIONAL

DEVELOPMENT CORPORATION                           DEFENDANT

 

'Neko V Ministry of Public Works and Transport (CIV/APN/143/2020) [2021]LSHC 31 (17 June 2021);

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                                                   SUMMARY

 

EMPLOYMENT LAW: Applicant claiming salary arrears for the period of her absence from work on account of having been dismissed unfairly- Held, applicant entitled to salary arrears as her absence from work was attributable to the employer’s conduct.

         

 

 

 

 

IN THE HIGH COURT OF LESOTHO

 

 

HELD AT MASERU                                                    CIV/APN/143/20

 

In the matter between:

 

MOLEBOHENG ‘NEKO                                             APPLICANT

 

AND

 

MINISTRY OF PUBLIC WORKS AND

TRANSPORT                                                               1ST RESPONDENT

 

Makatsela v Econet Telecom Lesotho (C of A (CIV) 84/2019) [2021] LSCA 29 (14 May 2021);

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IN THE COURT OF APPEAL OF LESOTHO

 

HELD AT MASERU                                                      

C OF A (CIV) 84/2019

                                                                                 LAC/CIV/A/38/2015

In the matter between –

 

KOALEPE MAKATSELA                                                        APPELLANT

AND

ECONET TELECOM LESOTHO                                             RESPONDENT

Mokotjo v Miles Kennedy Chairman of the Board (C of A (CIV) 19/2020) [2021] LSCA 10 (14 May 2021);

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IN THE COURT OF APPEAL OF LESOTHO

HELD AT MASERU

C OF A (CIV) NO 19/2020

In the matter between:            

TSE’PO MOKOTJO                                                                 APPELLANT

AND

MILES KENNEDY                                                          1ST RESPONDENT

CHAIRMAN OF THE BOARD

MOTHAE DIAMONDS (PTY) LTD                                 2ND RESPONDENT

Home Affairs Ex Workers v The P.S. Ministry of Home Affairs (C of A (CIV) 08/2021) [2021] LSCA 7 (14 May 2021);

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SUMMARY

High   Court– labour and constitutional jurisdiction– claim for renewal of fixed term contracts or alternatively, declarator that failure to renew contracts violates rights to property in the form of salary – fixed term contracts having expired automatically – clauses in contracts stipulating that resolution of disputes thereof to be made in accordance with the Labour Code – Appeal dismissed on account of jurisdiction.

 

IN THE COURT OF APPEAL OF LESOTHO

 

HELD AT MASERU

C OF A (CIV) No. 8/2021

CONST CASE NO.19/2011

In the matter of:

 

HOME AFFAIRS EX WORKERS                                  1ST APPELLANT                            

LIMPHO SISINYI                                                           2ND APPELLANT

MATSALI LINTSA                                                          3RD APPELLANT

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

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

 

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