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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Security of employment in Lesotho: the private sector
Author:Letele, Seeng
Periodical:Lesotho Law Journal: A Journal of Law and Development (ISSN 0255-6472)
Notes:biblio. refs.
Geographic terms:Lesotho
Southern Africa
Subjects:labour contracts
Employment security
Common law
private sector
Abstract:This paper examines legal protection against unjust dismissal in the private sector in Lesotho. It describes protection under the common law, under the Employment Act of 1967 (amended in 1977), and under the legislation on trade unions. The article suggests that there are no absolute legal restrictions imposed on the employer's right to dismiss for noneconomic reasons, although through collective bargaining, the common law and legislative protection, the employer's right to dismiss at will has been curtailed. The high costs of suits and delays in wrongful dismissal cases appear to discourage employees from challenging the employer's dismissal at common law. Under the Employment Act there is basically no protection accorded to unjustly dismissed employees except for the notice period that employees are entitled to. The concept of unfair labour practice set out in the Trade Unions and Trade Disputes Law (1964) is limited in application in that it does not cover all cases of dismissals. Notes, ref.