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As employees we spend a majority of our time at the workplace more than we do at any other place in our lives. Work is after all the primary source of our social security. Every employee should consequently be able to feel comfortable in their place of work. This notwithstanding,…

We all know that there are various ways of communicating the law. These are through publications of legislations enacted by Parliament in government gazettes. There is also publication of decided cases, otherwise known as the common law and in law reports or legal bulletins. In 2000 when the Labour Code…

We are aware that in recent days discussions among social partners on the labour law reforms through broad amendment of the Labour Code Order 1992 were resuscitated.  As we know the discussions are conducted within the National Advisory Committee on Labour (NACOLA). This is a national tripartite structure charged with…

In our last publication we developed an understanding that the notion that an employer cannot proceed with disciplinary hearing where the charged employee has resigned with immediate effect per Labour Court decision in Mahamo v Nedbank is now settled. This seems to have been accepted as well by the Lesotho…

The other day people were up in arms, on the social media streets, the burning issue was the decision taken by management of one popular supermarket to suspend employees pending a disciplinary hearing for failing to report for work on a public holiday as requested. Since the matter may still…

Two cases come to mind when dealing with the issue of electronic evidence in disciplinary matters. In one case the employee had been caught on CCTV attempting to steal, he was a young man from a very rural background who happened to be working in a mine because it was…

The Covid-19 brought many shocking circumstances to the world. Who would have known that we would move around our cities with masks over our mouths and noses way beyond the pandemic being removed from the emergency list? We have become so accustomed to masks that they have become a part…

Our Law, the Labour Code Order, No24 of 1992, makes provision for what is referred to as severance pay. This is money paid to an employee, when the  employment relations between him and the employer gets severed, cut or ends for any reason other than dismissal for misconduct. According to…

Employers will forever curse the day the decision of Mahamo V.S. Nedbank was passed by the Labour Courts and went on to be confirmed by the Court of Appeal. One employer straight out posed the question- what then is the use of our disciplinary codes and procedures if I cannot…