SUMMARY:

The appellants who were appointed on contract in the Lesotho public service in terms of a written contract agreed to refer any dispute arising from the implementation or execution of the employment contract to binding arbitration in terms of the provisions of the Public Service Act 2005 as amended. When the Crown determined that the contracts had terminated, they approached the High Court to seek declaratory and review relief instead of asking the court under s 4 of the Arbitration Act 12 of 1980 to not bind them to the arbitration agreement. The High Court declined jurisdiction because the appellants were bound by the agreement to refer the dispute to arbitration. Appeal against the High Court’s judgment dismissed, with costs.

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