Rapitse v Makau t/a Teboho Farm Centre and Another (LC/REV 375 of 6) [2009] LSLC 19 (20 October 2009)

IN THE LABOUR COURT OF LESOTHO LC/REV/375/06 HELD AT MASERU IN THE MATTER BETWEEN MATSEKISO RAPITSE APPLICANT AND TEBOHO MAKAU t/a TEBOHO FARM CENTRE OFFICER PRESIDING DDPR (MR. KETA) 1ST RESPONDENT 2ND RESPONDENT JUDGMENT Date : 18/09/09 Applicant filed a review application which she thereafter took no effort to prosecute – Registrar set down matter and applicant still did not attend – Review struck off. 1. 2. 3. Applicant made a referral to the DDPR claiming underpayments and overtime. The referral was arbitrated on the 29th July 2004. On the 29th August 2004 the Arbitrator handed down an award dismissing the referral. On the 8th June 2005, applicant filed an application for the review of the award. Quite clearly this was way beyond the expiry of the 30 days that a person seeking to review the award is expected to file the application for review. (Vide section 228F(1)(a) of the Labour Code (Amendment) Act 2000. Notwithstanding that the review was late, the applicant did not accompany it with the application for condonation. On the 8th November 2006, 2nd respondent was served with the record of the proceedings of the DDPR. It follows that the matter became ripe for hearing. There is no record of any further step that was taken by the applicant to prosecute the review. On the 19th August 2009, the Registrar took steps to set down the matter acting on her own motion pursuant to rule 12 of the rules of the court. 4. 5. The Registrar took the initiative to set the matter down because it appeared to be abandoned. The notice of hearing was duly sent to the offices of counsel for the parties. The matter was scheduled for hearing on the 8th September 2009. On the date of hearing only Mr. L. Molapo for the 1st respondent was in attendance. There was no appearance for the applicant. Mr. Molapo indicated that he had met with Advocate Mohau KC the previous day and talked with him about the hearing of this matter on the 8th September. Apparently Mr. Mohau said he was unaware of the set down. However, Mr. Molapo said he would have expected him or someone from their office to attend court since he told them about the set down. Mr. Molapo prayed that the application be struck off as the applicant appears to have lost interest. The court accepted the request and the matter was struck off the roll. There was no order as to costs. THUS DONE AT MASERU THIS 20th DAY OF OCTOBER 2009 L. A. LETHOBANE PRESIDENT L. MOFELEHETSI MEMBER M. MAKHETHA MEMBER FOR APPLICANT: FOR RESPONDENT: I CONCUR I CONCUR NO APPEARANCE MR. LEPELI MOLAPO 2