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

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

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);
Mokotjo v Miles Kennedy Chairman of the Board (C of A (CIV) 19/2020) [2021] LSCA 10 (14 May 2021);
Home Affairs Ex Workers v The P.S. Ministry of Home Affairs (C of A (CIV) 08/2021) [2021] LSCA 7 (14 May 2021);

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);

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);

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);

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