Maile and Others v Frasers Lesotho Ltd and Another (LC/REV 377 of 2006) [2008] LSLC 15 (26 June 2008)

IN THE LABOUR COURT OF LESOTHO LC/REV/377/2006 HELD AT MASERU IN THE MATTER BETWEEN MAILE MAILE & 10 OTHERS APPLICANT AND FRASERS LESOTHO LTD ARBITRATOR MALEBANYE 1ST RESPONDENT 2ND RESPONDENT JUDGMENT This is an application for the review of the learned arbitrator Malebanye on the ground that after being addressed on the point raised by counsel for the 1st respondent herein the learned arbitrator proceeded to dismiss applicants claim on the merits without having been addressed by the parties thereon. On the date of hearing counsel for both parties recorded that they have agreed that the matter be remitted to the DDPR to enable the learned arbitrator to hear evidence which she admittedly had not heard when she dismissed the merits of applicants claim. At best the learned arbitrator had entirely relied on hearsay which was regurgitated by the representative for the 1st respondent from the bar. This counsels agree was irregular. Accordingly, the award of the learned arbitrator Malebanye in referral E0135/05 is reviewed and corrected as prayed. The matter is remitted to the DDPR for the hearing of evidence. There is no order as to costs. THUS DONE AT MASERU THIS 26TH DAY OF JUNE 2008 L. A. LETHOBANE PRESIDENT R. MOTHEPU MEMBER L. MATELA MEMBER I CONCUR I CONCUR FOR APPLICANTS: FOR RESPONDENT: ADV. SHALE ADV. MATOOANE 2