Highway Spares (Pty) Ltd v Karala and Another (LAC/REV 2 of 8) [2008] LSLAC 6 (20 October 2008)

LAC/REV/02/08 IN THE LABOUR APPEAL C O U RT OF LESOTHO HELD AT MASERU In the matter between: HIGHWAY SPARES (PTY) L TD APPLICANT AND MATHABANG KARALA 1st RESPONDENT T HE LABOUR COURT 2nd R E S P O N D E NT C O R A M: HON MR J U S T I CE K. E M O S I TO AJ. ASSESSORS: MR. R . M O T H E PU MR. L. M A T E LA 20 O C T O B ER 2008 HEARD: DELIVERED: 20 O C T O B ER 2008 RULING M O S I TO AJ: 1. This case came before us by way of review the decision of the learned Deputy President of Labour C o u rt 2. At the hearing of the application , the parties informed us that they had agreed to resolve the matter on the terms of paragraph 3 hereof which they requested to be made an order of court. 3. The terms of agreement by the parties were: 3.1 The 1st Respondent be paid her salary arrears as from the 7th day of November 2006 to the 26 day of April 2007, 3.2 1st Respondent be paid severance pay in the sum of M 5,443.85 (five thousand, four h u n d r ed and forty three and eighty five Lisente ) 3.3 1st Responded be paid leave pay in the amount of M 1,451.89 ( One thousand four hundred and fifty one maloti and eighty nine Lisente). 3.4 The 1st Respondent be paid public holiday pay in the sum of M2,626.87 ( Two thousand, six hundred and twenty six maloti and eighty seven Lisente). 3.5 1st Respondent be paid wages for the days worked up until the date of dismissal in the sum of M 483,90 ( four hundred and eighty three Maloti and ninety Lisente). 3 6 By close of business today on the 2 0th day of October 2008, Applicant is to pay to 1st Responded the sum of M10, 000.00 (ten thousand Maloti) in cash at 1st respondent's Lawyer's office. 3.7 Applicant is to pay M 1000. ( One thousand Maloti) in cash on or before the 1st day of each month beginning the 1st day of December 2008 at 1st respondent's Lawyer's office until the entire amount due is fully paid up. 3.3 The issue of compensation for unfair dismissal is hereby deferred for further negotiations between the parties. 4. The terms of agreement as detailed out in paragraph 3.1 to 3.8 above are hereby made an order of court 5. My assessors agreed, MR. K. E. MOSITO Judge of the Labour Appeal Court For applicant: Advocate K. Letsie For Respondent: Advocate T. М а р а к