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Legal coverage
Fixed-term contracts (FTCs)

CDD reglementés: Oui

Remarks

An employment contract can be entered into:
▻ Indefinite period - Employees continue working for the employer until the employment contract is terminated by either party.
▻ Fixed-term period - These contracts are for completing specific tasks or for a specific period. They will terminate once the duration or task for which they were created has been completed.

Section 127 of the Labour Act 2024 on "Types of contract of employment" provides that:
(1) A contract of employment may take the form of a contract -
(a) without reference to limit of time;
(b) for a period of fixed duration; or
(c) to perform some specific work or to undertake a specified journey.
(2) A worker contracted on part-time basis shall not work less than 5 hours in a day, and not work less than 40 hours in a week or less than 160 hours in a month.
(3) A contract without reference to limit of time is a contract which contains no termination date and may be terminated by either party, subject to the provisions of this Act concerning dismissal and notice of termination.
(4) A contract for one period of fixed duration shall set forth its date of termination and shall, subject to the provisions of section 148 concerning dismissal, automatically terminate on that date and no notice of termination shall be required of either party.
(5) Notwithstanding sub-clause (4), where a contract provides for a renewal, an employer shall provide notice of termination or renewal.
(6) A contract to perform some specific work or to undertake a specified journey shall terminate upon the completion of the work or journey and no notice of termination shall be required of either party, but an employer who terminates such a contract before its completion shall pay the worker all wages and other remuneration that would have been owing to the worker if he had continued to work until the completion of the contract.

Motifs autorisés de recours au CDD: aucune limitation

Remarks

No provisions could be found in the law that specify the conditions under which fixed-term contracts may be permissible, the maximum duration allowed for a single fixed-term contract, or the number of renewals permitted for such contracts.

Nombre maximum de CDD successifs: aucune limitation

Remarks

No provisions could be found in the law that specify the conditions under which fixed-term contracts may be permissible, the maximum duration allowed for a single fixed-term contract, or the number of renewals permitted for such contracts.

Durée cumulée maximum de CDD successifs: aucune limitation

Remarks

No provisions could be found in the law that specify the conditions under which fixed-term contracts may be permissible, the maximum duration allowed for a single fixed-term contract, or the number of renewals permitted for such contracts.

Durée maximale de la période d'essai (en mois): 4 mois

Remarks

→ Under Section 127 (1) of the Labour Act, 2024, a contract of employment may take the form of a contract -
(a) without reference to limit of time;
(b) for a period of fixed duration; or
(c) to perform some specific work or to undertake a specified journey.

→ Section 128 of the Labour Act 2024:
(1) A worker may initially be employed for a probationary period not exceeding four months.
(2) At any time during the continuance of the probationary period or immediately at its end, a worker may be dismissed with one week's notice.
(3) The probationary period may be extended beyond a period of four months only with the leave in writing to the Labour Commissioner.
(4) Nothing in this section shall prevent the parties to a contract from agreeing on a period of probation of up to one year in respect of persons holding management or professional positions or employed in a professional capacity.

Excluded from protection against dismissal: Oui

Remarks

→ Section 142 of the Labour Act 2024 provides for "Excluded categories to claim of unfair dismissal":
(1) Subject to subsection (2), the following categories of workers shall not have the right to bring a claim for unfair dismissal, a worker:
(a) who is employed for a probationary period as provided for under section 128;
(b) engaged on a casual and part time basis; and
(c) who resigns to avoid a disciplinary hearing.
(2) A worker in a category covered by subsection (1) shall none the less be entitled to bring a claim for unfair dismissal alleging that the dismissal was for any of the reasons specified in section 139 (1)(c) or 141(1).

▷ Contract without limit to time
A contract can be for an indefinite period - the employees have a right to continue working for the employer until the employment contract is terminated by one of the parties.
→ Section 127 (3) of the Labour Act 2024 provides that a contract without reference to limit of time is a contract which contains no termination date and may be terminated by either party, subject to the provisions of this Act concerning dismissal and notice of termination.

Obligation d'informer le travailleur des raisons du licenciement: Oui

Motifs autorisés (licenciement justifié):

Remarks

Motifs prohibés: état matrimonial, grossesse, congé de matérnité, responsabilités familiales, avoir déposé une plainte contre l'employeur, race, couleur, sexe, religion, opinion politique, origine sociale, nationalité/origine nationale, âge, affiliation et activités syndicales, prendre légalement ses congés, statut VIH

Remarks

→ Section 140 of the Labour Act 2024 on "Automatically unfair dismissal" indicates that 140. (1) A dismissal of a worker for any of the following reasons is automatically unfair -
(a) trade union membership or participation in trade union activities outside working hours or, with the consent of the employer, within working hours;
(b) seeking office as, or acting or having acted in the capacity of, a workers' representative;
(c) the filing in good faith of a complaint or grievance, or the participation in a proceeding against an employer involving the alleged violation of this Act, other laws or regulations, or the terms of a collective agreement or award;
(d) race, colour, sex, marital status, pregnancy, religion, political opinion, national extraction or social origin, HIV/AIDS status or any other discriminatory category;
(e) participation in a protected strike; and
(f) refusing to carry out work under conditions that are likely to put his life in danger or harm him.

→ In addition, section 6 of the Labour Act 2024 on "Unfair discrimination": provides that:
(1) A person who makes an application of any distinction, exclusion or preference on the following basis, constitutes an act of unfair discrimination:
(a) race;
(b) colour;
(c) gender;
(d) disability;
(e) sexual orientation;
(f) pregnancy;
(g) marital status;
(h) HIV and AIDS status;
(i) religion;
(j) political affiliation or opinion;
(k) national extraction
(l) social origin;
(m) age; or
(n) on any other ground which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation,
(2) A male and female worker is entitled to equal remuneration for work of equal value.
(3) No worker shall be discriminated against based on the following types of employment:
(a) part-time contract;
(b) migrant workers;
(c) home workers; and
(d) domestic workers.
(4) Any distinction, exclusion or preference in respect of a particular job based on the narrowly defined inherent requirements of the job, shall not be regarded as an act of unlawful discrimination.

▷ Remarks: Section 143 of the Labour Act 2024 on "Exemptions" indicates that:
(1) The Minister may, by notice published in the Gazette, exempt from the provisions of this Act relating to unfair dismissal, any group of workers if the Minister is satisfied that there is available to such a group, whether under statute or not, a remedy for dismissal analogous to a claim for unfair dismissal, following consultations with representative worker’s and employer’s organisations.

Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs, femmes enceintes ou en congé de maternité

Remarks

▷ Pregnancy and maternity leave
→ Section 194 of the Labour Act 2024 on "Maternity leave and notice of termination" indicates that:
(1) Any dismissal of a worker that takes effect during her statutory maternity leave shall automatically be an unfair dismissal.
(2) Where a female worker is absent from work in pursuance of section 191 (3) or (4) or remains absent from work for a longer period as a result of an illness which a registered medical practitioner has certified, in writing, to arise in his opinion out of the female worker’s pregnancy or confinement and to render her unfit to return to work, no employer shall, during the period of her absence from work in pursuance section 191 (3) or (4), give notice to dismiss her or terminate her contract of employment.
(3) Any employer who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine not exceeding Five Thousand Maloti or to imprisonment for a period not exceeding six months.

▷ Representatives
→ Section 205 of the Labour Act 2024 on "Discrimination against union members and officials" provides that:
(1) Every person has the right to -
(a) participate in forming a trade union;
(b) join a trade union; and
(c) participate in its lawful activities.
(2) Any breach of the provisions of subsections (1) and (2) is an unfair labour practice.
(3) A person who seeks, by intimidation, threats, dismissal or imposition of a penalty, giving or offering to give a wage increase or any other means, to induce an employee to refrain from becoming or to refrain from continuing to be a member, officer or trustee of a trade union commits an unfair labour practice.
(4) A person who communicates to another, details of the names of a worker as being unsuitable for employment on grounds of the latter’s trade union membership or activities commits an unfair labour practice.

▷ In addition, under section 206 of the Labour Act 2024 on "Violence
and sexual harassment": A person who offers employment or threatens dismissal or threatens the imposition of any other penalty against another person in the course of employment as a means of violence or obtaining sexual favours or harasses workers sexually, commits an unfair labour practice.

Forme de la notification du licenciement au travailleur: écrite

Remarks

Section 130 of the Labour Act 2024 on "Notice of termination" indicates that:
(1) In a contract without reference to limit of time, either party may terminate the contract upon giving the following notice where the worker has been continuously employed for -
(a) one year or more, one month’s notice;
(b) more than six months but less than one year, a fortnight's notice; or
(c) less than six months, one week’s notice.
(2) Nothing in this section shall prevent -
(a) the parties to a contract from agreeing on a longer period of notice of termination than is provided by this section;
(b) an employer waiving the right to receive a notice on any occasion;
(c) a worker from accepting payment in lieu of a notice in accordance with section 131;
(d) an employer from declining to give a notice of termination where the stated reason for the dismissal is a serious misconduct of such a nature that it would be unreasonable for the employer to continue to employ that worker during the notice period;
(e) an employer from setting a retirement age which would be applicable to all workers, which shall be sixty years minimum; or
(f) either party from otherwise terminating the contract for lawful cause in accordance with the provisions of this Act.

Délai de préavis:

Remarks

Section 130 (1) of the Labour Act 2024 on "Notice of termination" indicates that:
(1) In a contract without reference to limit of time, either party may
terminate the contract upon giving the following notice where the worker has been continuously employed for -
(a) one year or more, one month’s notice;
(b) more than six months but less than one year, a fortnight's notice; or
(c) less than six months, one week’s notice.

ancienneté ≥ 6 mois:

  • Tous: 2 semaine(s).

ancienneté ≥ 9 mois:

  • Tous: 2 semaine(s).

ancienneté ≥ 2 ans:

  • Tous: 1 mois.

ancienneté ≥ 4 ans:

  • Tous: 1 mois.

ancienneté ≥ 5 ans:

  • Tous: 1 mois.

ancienneté ≥ 10 ans:

  • Tous: 1 mois.

ancienneté ≥ 20 ans:

  • Tous: 1 mois.

Indemnité compensatrice de préavis: Oui

Remarks

→ Section 130 (2)(c) of the Labour Act 2024 on "Notice of termination" indicates that: Nothing in this section shall prevent (...) a worker from accepting payment in lieu of a notice in accordance with section 131.

→ Section 131 of the Labour Act 2024 on "Payment in lieu of notice" indicates that:
(1) An employer may pay a worker in lieu of providing notice of termination under section 130.
(2) In such cases, the worker shall be paid a sum equal to the minimum notice period provided for in the act or the notice period agreed to by the employer and worker, including all wages due to the worker.
(3) Where the termination of employment under a contract without reference to limit of time is at the initiative of a worker in circumstances in which notice was required and the employer has not waived the right to notice, the worker may be ordered to pay the employer a sum equal to the basic wages to which the worker would have been entitled during the portion of the notice period that was not observed.
(4) The provision of subsection (3) may not be invoked if the termination of employment occurred in the circumstances referred to in section 130 (c).

Notification à l'administration publique: Non

Remarks

The Labour Act, 2024, does not explicitly require employers to notify the public administration of dismissals.

Notification aux représentants des travailleurs: Non

Remarks

The Labour Act, 2024, does not explicitly require employers to notify workers' representatives of dismissals.

Autorisation de l'administration publique ou d'un organe judiciaire: Non

The Labour Act, 2024, does not explicitly require approval by public administration or judicial bodies for dismissals.

Accord des représentants des travailleurs: Non

The Lesotho Labour Act, 2024, does not explicitly require approval by workers' representatives for dismissals.

Définition du licenciement collectif (nombre d'employés concernés) ▷ Termination of an employee’s employment for operational reasons is referred to as retrenchment. The Labour Act 2024 does not contain any definition of collective dismissal or retrenchment.
▶ However, Paragraph 19 (1 and 2) of the The Labour Code (Codes of Good Practice) Notice No. 4 of 2003, (soft law, not legally binding) provides for "Retrenchment", indicating that:
(1) A retrenchment means a dismissal arising from a redundancy caused by the re-organisation of the business or the discontinuance or reduction of the business for economic or technological reasons.
(2) It is difficult to define all the circumstances that might legitimately form the basis of a dismissal for these reasons. As a general rule -
(a) the re-organisation of the business arises from restructuring of the business as a result of a number of business related causes such as the merger of businesses, a change in the nature of the business, more effective ways of working a transfer of the business or part of the business.
(b) economic reasons are those that relate to the financial management of the enterprise;
(c) technological reasons refer to the introduction of new technology which affects work relationships either by making existing jobs redundant or by requiring employees to adapt to the new technology or a consequential restructuring of the workplace.

Remarks

→ Section 139(1)(c) of the Labour Act 2024 provides for cases of dismissal due to the "operational requirements of the undertaking, establishment, or service".
▷ However, there is no mention in the Labour Act 2024 of when such dismissal could be described as collective. In addition, there are no specific statutory requirements such as consultation with a trade union or notification to the labour administration for dismissals concerning more than one employee.

Notification à l'administration publique Yes

Remarks

▷ No statutory obligation.

▶ However, Paragraph 20 (1) of the Labour Code (Codes of Good Practice) Notice No. 4 of 2003 (soft law, not legally binding) on "Selection criteria" Indicates that: If one or more employees are to be selected for dismissal from a number of employees, the criteria for their selection should be agreed with the trade union. If criteria are not agreed, the criteria used by the employer must be fair and objective.

▷ In addition, such practice has been established by case law.
For example, in the decision Serame Khampepe v. Muela Hydropower Project Contractors and four others (1997), the Labour Court, basing itself on the ILO Convention 158 and case law of South Africa, ruled that as a matter of precedent, "an employee earmarked for retrenchment must be notified in good time of the intended action and consulted on alternatives". "The established principle however is that where employees are members of a trade union or some other collective bodies, it is sufficient for the employer to consult with such a union and or/collective bodies".
(see:http://compendium.itcilo.org/en/compendium-decisions/labour-court-of-lesotho-serame-khampepe-v.-muela-hydropower-project-contractors-and-four-others-2-september-1999-no.-lc-29-97)


Notification aux syndicats (représentants des travailleurs) No

Remarks

There is no requirement for notification of administration in cases of collective dismissal or retrenchment.

Notification aux représentants des travailleurs: Yes

Remarks

▷ No statutory obligation.

▶ However, under paragraph (19) Before an employer dismisses an employee, the employer must process the dismissal fairly. In principle, this means that the employer must -
(a) give the reasons for the proposed dismissal to the employee before making the decision to dismiss;
(b) give the employee an opportunity to respond to those reasons before making a decision to dismiss; and
(c) permit the employee to be represented in the proceedings by a workplace union representative or a co-employee.

▷ Additionally, this has been established by case law.
For example, in the decision Serame Khampepe v. Muela Hydropower Project Contractors and four others (1997), the Labour Court, basing itself on the ILO Convention 158 and case law of South Africa, ruled that as a matter of precedent, "an employee earmarked for retrenchment must be notified in good time of the intended action and consulted on alternatives". "The established principle however is that where employees are members of a trade union or some other collective bodies, it is sufficient for the employer to consult with such a union and or/collective bodies".
(see: http://compendium.itcilo.org/en/compendium-decisions/labour-court-of-lesotho-serame-khampepe-v.-muela-hydropower-project-contractors-and-four-others-2-september-1999-no.-lc-29-97)

Accord des syndicats (représentants des travailleurs) No

Remarks

There is no requirement for approval of public administration in cases of collective dismissal or retrenchment.

Accord des représentants des travailleurs No

Remarks

There is no requirement for approval of workers' representatives in cases of collective dismissal or retrenchment.

Règles de priorité pour l'ordre des des licenciements collectifs (situation sociale, âge, ancienneté) No

Remarks

▷ No statutory provision.
▶ However, the 2003 Codes of Good Practice (not legally binding), in paragraph 20 stipulates that selection criteria shall be discussed with the trade union and refers to length of service, skills, affirmative action and qualifications as criteria generally accepted as fair.
▻ Paragraph 20 (1) If one or more employees are to be selected for dismissal from a number of employees, the criteria for their selection should be agreed with the trade union. If criteria are not agreed, the criteria used by the employer must be fair and objective.
(2) Criteria that infringe a right protected by the Labour Code when they are applied can never be fair. These include selection on the basis of union membership or activity, pregnancy or other discriminatory ground.
(3) Selection criteria that are generally accepted as fair include length of service, skills, affirmative action and qualifications.

Obligation de l'employeur d'examiner des solutions alternatives au licenciement (transferts, formation...) No

Remarks

▷ No statutory provision.
▷ However, section 21 of the 2003 government notice on the code of good practice (not legally binding) provides for preferential re-hiring and conditions for its application.
21. (1) Retrenched employees should be given preference if the employer again hires employees with comparable qualifications, subject to –
(a) the employee, after having been asked by the employer, and having expressed within a reasonable time from the date of dismissal a desire to be re-hired; and
(b) a time limit on preferential re-hiring should also ideally form the subject of agreement between the employer and the union.
(2) If the above conditions are met, the employer must take reasonable steps to inform the employee, including notification to the representative trade union, of the offer of employment.

Règles de priorité de réembauche No

Remarks

▷ No legally binding provision.
▶ However paragraph 19 (4 to 6) Codes of good practice (not binding) places an obligation on the employer to negotiate with a trade union/ employees’ representatives to reach agreement on alternatives to dismissals such as transfer to other jobs, lay off; or steps to minimize the dismissals such as voluntary retrenchment packages, early retirement etc.
▻ 19 (4)- The obligations placed on an employer are both procedural and substantive. The purpose of negotiation is to permit the parties, in the form of a joint problem-solving exercise, to reach agreement on:
– alternatives to dismissals such as transfer to other jobs, lay off;
– criteria for selecting the employees for dismissal such as last-in-first-out (LIFO) subject to special skills and affirmative action.
– steps to minimize the dismissals such as voluntary retrenchment packages, early retirement etc;
– conditions on which dismissals take place such as the timing, severance pay etc;
– steps to avoid the adverse effects of the dismissals such as time off to seek work, social plans etc.
▻ 19 (5)– In order for this to be effective, the negotiation process should commence as soon as a reduction of the workforce through retrenchment or redundancies is contemplated by the employer so that possible alternatives can be explored. The obligation to negotiate in good faith requires that negotiations begin as soon as a reduction of the workforce is contemplated and should be long enough for the union to -
(a) meet and report to employees;
(b) meet with the employer; and
(c) request, receive and consider all the relevant information to enable the trade union to inform itself of the relevant facts for the purpose of reaching agreement with the employer on possible alternative solutions and if necessary, find alternative employment in the business or elsewhere.
▻ 19 (6)- The more urgent the need by the business to respond to the factors giving rise to any contemplated termination of employment, the more truncated the negotiation process might be. Urgency may not, however, be induced by the failure to commence the negotiation process as soon as a reduction of the workforce was likely. On the other hand, the parties who are required to reach agreement must meet, as soon and as frequently, as may be practicable during the negotiation process.

Severance pay:

Remarks

→ Section 136 of the Labour Act 2024 on "Severance payment" indicates that:
(1) A worker who has completed more than one year of continuous service with the same employer shall be entitled to receive, upon termination of his services, a severance payment equivalent to two week’s wages for each completed year of continuous service with the employer.
(2) A worker who has been fairly dismissed for misconduct, is not entitled to a severance payment.
(3) For purposes of subsection (1), the two week’s wage referred to, shall be wages at the rate payable at the time the services are terminated.
(4) The right to severance pay in accordance with this section shall apply as from the date of entry into force of this Part.
(5) Where an employer operates some other separation benefit scheme which provides a more advantageous benefit for a worker than those that are contained in subsection (1), the employer shall choose to pay a more advantageous separation benefit than severance pay.
(6) A worker is not entitled to claim both severance and other separation benefit, unless the employer is willing to pay both.

→ Section 137 of the Labour Act 2024 provides for "Penalty for non-payment of severance payment", which indicates that:
(1) An employer who fails to make a severance payment in accordance with section 136 commits an offence and is liable, on conviction, to a fine not exceeding Five Thousand Maloti or imprisonment for a period not exceeding thirty months.

tenure ≥ 6 mois: 0 mois.

tenure ≥ 9 mois: 0 mois.

tenure ≥ 1 an: 2 semaine(s).

tenure ≥ 2 ans: 1 mois.

tenure ≥ 4 ans: 2 mois.

tenure ≥ 5 ans: 2.5 mois.

tenure ≥ 10 ans: 5 mois.

tenure ≥ 20 ans: 10 mois.

tenure ≥ 6 mois: 0 mois.

tenure ≥ 9 mois: 0 mois.

tenure ≥ 1 an: 2 semaine(s).

tenure ≥ 2 ans: 1 mois.

tenure ≥ 4 ans: 2 mois.

tenure ≥ 5 ans: 2.5 mois.

tenure ≥ 10 ans: 5 mois.

tenure ≥ 20 ans: 10 mois.

travailleurs miniers: Oui

Section 144 of the Labour Act 2024 provides for "Remedies":
(1) If the Labour Court or Arbitrator holds the dismissal to be unfair, it shall, if a worker so wishes, order the reinstatement of the worker in his job without loss of remuneration, seniority or other entitlements or benefits which the worker would have received had there been no dismissal.
(2) The Labour Court or Arbitrator shall not make an order to reinstate a worker if it considers reinstatement of the worker to be impracticable in light of the circumstances.
(3) If the Labour Court or Arbitrator decides that it is impracticable in light of the circumstances for the employer to reinstate a worker in employment, or if a worker does not wish reinstatement, the Labour Court or Arbitrator shall fix an amount of compensation to be awarded to the worker in lieu of reinstatement.
(4) The amount of compensation awarded by the Labour Court or Arbitrator shall be an amount the Labour Court or Arbitrator considers just and equitable in all circumstances of the case.
(5) In assessing the amount of compensation to be paid, the Labour Court or Arbitrator shall take into account -
(a) whether there has been any breach of contract by either party;
(b) whether the worker has failed to take such steps as may be reasonable to mitigate his losses;
(c) the length of service of the worker;
(d) whether the worker is employable;
(e) the workers’ employment record;
(f) the position the worker held during his employment;
(g) loss of remuneration; and
(h) the procedural and substantive fairness.
(6) The Labour Court and DDPR shall, in awarding the remedies provided for under this section, consider circumstances surrounding the case if it appears that there are systemic delays.

: Non

▷ There is no legal limit.
Under section 144 (3 and 4 ) of the Labour Act 2024, the determination of the amount of compensation must be just and equitable:
Subsection (3): If the Labour Court or Arbitrator decides that it is impracticable in light of the circumstances for the employer to reinstate a worker in employment, or if a worker does not wish reinstatement, the Labour Court or Arbitrator shall fix an amount of compensation to be awarded to the worker in lieu of reinstatement.
Subsection (4): The amount of compensation awarded by the Labour Court or Arbitrator shall be an amount the Labour Court or Arbitrator considers just and equitable in all circumstances of the case.

Non

▷ There is no legal limit.
Under section 144 (3 and 4 ) of the Labour Act 2024, the determination of the amount of compensation must be just and equitable:
Subsection (3): If the Labour Court or Arbitrator decides that it is impracticable in light of the circumstances for the employer to reinstate a worker in employment, or if a worker does not wish reinstatement, the Labour Court or Arbitrator shall fix an amount of compensation to be awarded to the worker in lieu of reinstatement.
Subsection (4): The amount of compensation awarded by the Labour Court or Arbitrator shall be an amount the Labour Court or Arbitrator considers just and equitable in all circumstances of the case.

Compensation pour licenciement injustifié - limites légales (plafond en mois ou methode de calcul définie): Labour Act, 2024, provides for compensation for unfair dismissal, but specific legal limits or a calculation method are not detailed.

directeurs /cadres dirigeants: Oui

Labour Act, 2024, addresses unfair dismissal, including compensation and reinstatement, under sections 40 and 144.

→ Section 40 of the Labour Act 2024 indicates:
(1) An arbitrator may make an arbitration award in terms of this Act, including but not limited to an award that -(c) includes -
(i) reinstatement;
(ii) re-employment of a worker;
(iii) compensation or damages; or costs.
→ Section 144 of the Labour Act 2024 provides:
(1) If the Labour Court or Arbitrator holds the dismissal to be unfair, it shall, if a worker so wishes, order the reinstatement of the worker in his job without loss of remuneration, seniority or other entitlements or benefits which the worker would have received had there been no dismissal.
(2) The Labour Court or Arbitrator shall not make an order to reinstate a worker if it considers reinstatement of the worker to be impracticable in light of the circumstances.
(3) If the Labour Court or Arbitrator decides that it is impracticable in light of the circumstances for the employer to reinstate a worker in employment, or if a worker does not wish reinstatement, the Labour Court or Arbitrator shall fix an amount of compensation to be awarded to the worker in lieu of reinstatement.

police: Oui

▷ Labour Act, 2024 provides for preliminary mandatory conciliation as part of its enhanced dispute resolution framework, particularly for labour disputes, including unfair dismissal cases. In this respect, section 35 provides for composition of Directorate of Dispute Prevention and Resolution (DDPR) and section 44 mandates preliminary mandatory conciliation for "disputes of rights", including unfair dismissal, before escalation to the Labour Court or arbitration. No dispute of rights, including unfair dismissal, can be referred to the Labour Court unless it has first been submitted to the Directorate of Dispute Prevention and Resolution (DDPR) for conciliation (Section 43(5), referencing Section 44).

→ Section 35 of the Labour Act 2024 on the "Composition of DDPR" indicates that:
(1) The DDPR shall comprise of -
(a) the Director;
(b) conciliators and arbitrators who shall be appointed by the Director with the approval of IRC; and
(c) other support staff who shall be appointed by the Director with the approval of the IRC.
(2) The IRC shall, in consultation with the Minister, determine the terms and conditions of employment of a person appointed under subsection (1).

→ Section 44 of the Labour Act 2024 indicates that:
(1) A party to a dispute of right may, in writing, refer the dispute to the DDPR -
(a) if the dispute concerns an unfair dismissal, within three months of the date of dismissal;
(b) in respect of all other disputes, within three years of the dispute arising.
(2) Notwithstanding subsection (1), an arbitrator may, on application, condone a late referral on good cause shown.
(3) A party who refers the dispute shall satisfy the arbitrator that a copy of the referral has been served on all the other parties to the dispute.
(4) If the dispute is one that should be resolved by arbitration, the Director shall appoint an arbitrator to attempt to resolve the dispute by conciliation, failing which a different arbitrator shall resolve the dispute by arbitration.
(5) If the dispute is one of right, such a dispute shall be resolved by adjudication in the Labour Court, and the Director shall appoint a conciliator to attempt to resolve the dispute by conciliation before the matter is referred to the Labour Court.
(6) If the dispute is resolved -
(a) the conciliator or arbitrator shall issue a report; and
(b) the settlement shall be reduced to writing and signed by the parties to the dispute.
(7) If a dispute contemplated in subsection (4) remains unresolved after the arbitrator has attempted to conciliate it, the arbitrator shall resolve the dispute by arbitration.
(8) If a party to a dispute contemplated in subsection (4) fails to attend the conciliation or hearing of arbitration, the arbitrator may -
(a) postpone the hearing;
(b) dismiss the referral; or
(c) grant an award by default.
(9) If a dispute contemplated in subsection (5) remains unresolved after thirty days from the date of the referral -
(a) the conciliator shall issue a report that the dispute remains unresolved; and
(b) any party to the dispute may make an application to the Labour Court.
(10) The conciliator shall, in the report contemplated in subsection (9)(a), record any failure to attend a meeting convened by the conciliator to resolve the dispute.
(11) In determining any order of costs contemplated in section 50(2)(g), the Labour Court shall take into account any failure to attend a conciliation meeting referred to in the report contemplated in subsection (10).

→ Section 43 of the Labour Act 2024 regarding "Disputes of Rights" indicates that:
(1) The Labour Court has the exclusive jurisdiction to resolve the
following disputes:
(a) subject to subsection (2), an application on interpretation of any provision of this Act or any other labour law; (b) an unfair dismissal, if the reason for the dismissal is -
(i) related to industrial actions, including but not limited to a strike, lockout, picketing and go-slow; or
(ii) related to the operational requirements of the employee;
(c) to hear and determine all reviews -
(i) from arbitration awards issued in terms of this Act; and
(ii) of any administrative action taken in the performance of any function in terms of this Act or any other labour law; and
(d) cases arising from or related to workplace injuries, accidents, illnesses, diseases and deaths.
(5) Subject to subsection (5), no matter contemplated by sub-section
(1) may be referred to the Labour Court unless it has already been referred to the DDPR for conciliation in terms of section 44.

▷ Note: Under section 4 of the Labour Act 2024, “dispute of right” means a dispute or an alleged infringement concerning the application and interpretation of any provision of the Labour Act
or any other labour law, collective agreement or contract of employment;

▷ Labour Act, 2024, establishes a tiered dispute resolution framework with the DDPR, Labour Court, and Labour Appeal Court as competent bodies for labour disputes, including for unfair dismissal.

▷ DDPR (Sections 34, 36, 38, 39): The DDPR, an independent juristic body, resolves disputes through conciliation and arbitration (Section 36(a)). It appoints conciliators and arbitrators (Section 35), who attempt to resolve disputes (e.g., unfair dismissal) via conciliation, escalating to arbitration if unresolved (Section 39). The DDPR also advises stakeholders, publishes dispute-related data, and awards costs in frivolous cases.

→ Section 34 of the Labour Act 2024 on "Directorate of Dispute Prevention and Resolution" provides:
34. (1) There is established a Directorate of Dispute Prevention and Resolution referred to as the DDPR.
(2) The DDPR shall be -
(a) a juristic person;
(b) independent from the direction or control of any other person or authority, including Government, any political party, trade union and employer or employer’s organisation in exercise of the functions vested in it under section 36.

→ Section 36 of the Labour Act 2024 on "Functions of the DDPR", provides for the functions of DDRP, indicating that:
▻ The functions of the DDPR shall be to -
(a) resolve labour disputes and unfair labour disputes through conciliation or arbitration;
(b) advise the Government, employers, employers’ organisations, workers and trade unions, on the prevention and resolution of disputes;
(c) compile and publish -
(i) information relating to its activities;
(ii) statistics on dispute prevention and resolution;
(iii) significant arbitration awards; and
(iv) award costs in frivolous cases; and
(vi) accredit bargaining council arbitrators.

→ Section 38 of Labour Act 2024 on "An arbitrator of the DDPR" indicates that:
(1) There shall be an arbitrator of the DDPR who shall be appointed by the Director in consultation with the IRC.
(2) The Director may, where necessary, appoint a person as an arbitrator, on an ad hoc basis.

→ Section 30 of the Labour Act 2024 provides for the "Functions and powers of an arbitrator", indicating that:
(1) The functions of an arbitrator are to -
(a) conciliate a dispute allocated to him;
(b) arbitrate a dispute allocated to him;
(c) prevent or resolve a dispute, if the Director considers that a dispute may arise; and
(d) award costs in frivolous cases.
(2) An arbitrator shall have the power to turn a settlement agreement from conciliation into an arbitration award.

▷ Labour Court (Sections 47, 50): The Labour Court, a court of law and equity, has exclusive jurisdiction over unfair dismissal disputes related to industrial actions or operational requirements, as well as other labour law matters (Section 50(1)). It can grant remedies like reinstatement, compensation, or contract rescission, impose fines, and review administrative actions (Section 50(2)). Conciliation via the DDPR is mandatory before Labour Court referral (Section 43(5)). The Court considers Codes of Conduct for Good Practice in proceedings (Section 50(4)).

→ Section 47 of the Labour Act 2024 on the "Establishment of the Labour Court" provides that:
(1) There is continued in existence, the Labour Court.
(2) The Labour Court shall be a court of law and equity.

→ Section 50 of the Labour Act 2024 on the "Jurisdiction and powers of the Labour Court" indicates that:
(1) Subject to the Constitution and section 51, the Labour Court has jurisdiction in respect of matters which are to be determined by the Court in terms of labour laws or the provisions of this Act.
(2) The Labour Court shall have the power to -
(a) inquire into and decide the relative rights and duties of workers and their respective organisations in relation to any matter referred to the Court under the provisions of the Act and to award appropriate relief in case of infringement;
(b) impose any fine at civil law, in the case of any infringement of the provisions of the Act;
(c) inquire into and make awards and decisions in any matters relating to industrial relations, other than trade disputes which may be referred to it;
(d) rescind any contract of employment and make such consequential orders as may be just in the circumstances;
(e) asses the fair value of services rendered by a worker in a case which the services are to be assessed in accordance with the provisions of the Act or in a case where the rate of wages or other benefits to which a worker should be entitled were not agreed between an employer and the worker;
(f) fix the amount of compensation for loss of or damage to property of an employer where the loss has been occasioned by the wrongful act or omission of the employer’s worker;
(g) make any appropriate order including an order of costs; commit and punish for contempt, any person who disobeys or unlawfully refuses to carry out or to be bound by an order made against him by the Court under the Act;
(h) commit and punish for contempt, any person who disobeys or unlawfully refuses to carry out or to be bound by an order made against him by the Court under the Act;
(i) resolve any ambiguity in the law brought to its attention by any interested party;
(j) review any administrative action taken in the performance of any function in terms of this Act or any other labour law.
(k) rescind any decision made in the absence of a party to a litigation; and
(l) perform such other acts and carry out such other duties as may be prescribed under this Act or any other law.
(3) The sittings of the Labour Court shall be held in Maseru but may be held at such other place as the President of the Court may direct.
(4) The Labour Court shall take into account any code of conduct or guideline which is relevant to a matter being considered in the proceedings and which is published by the Minister in accordance with this Act.

▷ Labour Appeal Court (Sections 59, 61): The Labour Appeal Court hears appeals and reviews of Labour Court judgments and orders (Section 61(1)). It can act as a court of first instance if directed by a judge (Section 61(3)) and reviews subordinate court decisions for non-compliance with the Act (Section 61(2)), ensuring final oversight.

→ Section 59 of the Labour Act 2024 on the "Establishment of the Labour Appeal Court" indicates that:
(1) There is continued in existence, the Labour Appeal Court.
(2) The Labour Appeal Court is the court of appeal in respect of all judgements and orders made by the Labour Court.
(3) The Labour Appeal Court may act as a court of first instance. Jurisdiction of the Labour Appeal Court

→ Section 61 of the Labour Act 2024 stipulates that the Labour Appeal Court has exclusive jurisdiction to hear and determine all -
(a) appeals against the final judgements and the final orders of the Labour Court; and
(b) reviews from judgements of the Labour Court.
(2) Notwithstanding the provisions of any other law, the Labour Appeal Court may hear an appeal or review from a decision of any subordinate court concerning non-compliance with this Act or any other law.
(3) Notwithstanding the provisions of subsection (1), a judge of the Labour Appeal Court, may direct that a matter before the Labour Court or referred to the DDPR for arbitration, be heard by the Labour Appeal Court sitting as a court of first instance.

Règlement des litiges individuels par arbitrage: Oui

Labour Act, 2024 establishes a framework for arbitration under the Directorate of Dispute Prevention and Resolution (DDPR), particularly for labour disputes, including unfair dismissal, as outlined in sections 28, 35, 36, 38, 39, 40, and 43.

▷ Appointment and Oversight (sections 28, 35, 38):
The Industrial Relations Council (IRC) plays a central role in appointing and regulating arbitrators. Section 28 mandates the IRC to appoint the DDPR Director and arbitrators (full-time or part-time), set their qualifications and terms and develop a code of conduct. Section 35 specifies that the DDPR comprises the Director, arbitrators, and support staff, appointed by the Director with IRC approval. Section 38 allows the Director to appoint arbitrators, including on an ad hoc basis, in consultation with the IRC, providing flexibility for case-specific needs.

→ Section 28 of the Labour Act 2024 provides for the appointment of arbitrators by the "Industrial Relations Council" indicating that:
The functions of the IRC are to -
(a) determine the qualifications and terms and conditions of employment of the Director and an arbitrator of the Directorate of Dispute Prevention and Resolution (DDPR);
(b) appoint the Director of the DDPR;
(c) appoint an arbitrator, whether full- or part-time;
(d) develop a code of conduct for conciliators and arbitrators;
(e) to make rules for conciliation and arbitration proceedings conducted by the DDPR; and
(f) approve the budget of the DDPR.

→ Section 35 of the Labour Act 2024 on the "Composition of DDPR" indicates that:
(1) The DDPR shall comprise of -
(a) the Director;
(b) conciliators and arbitrators who shall be appointed by the Director with the approval of IRC; and
(c) other support staff who shall be appointed by the Director with the approval of the IRC.
(2) The IRC shall, in consultation with the Minister, determine the terms and conditions of employment of a person appointed under subsection (1).

→ Section 38 of Labour Act 2024 on "An arbitrator of the DDPR" indicates that:
(1) There shall be an arbitrator of the DDPR who shall be appointed by the Director in consultation with the Industrial Relations Council (IRC).
(2) The Director may, where necessary, appoint a person as an arbitrator, on an ad hoc basis.

▷ Functions of DDPR and Arbitrators (sections 36, 39):
Section 36(a) assigns the DDPR the function of resolving labour disputes, including unfair labour disputes, through conciliation or arbitration. Section 39 details arbitrators’ roles: conciliating and arbitrating allocated disputes, preventing potential disputes, and awarding costs in frivolous cases. Arbitrators can also convert conciliation settlements into binding arbitration awards (Section 39(2)), enhancing enforceability.

→ Under section 36 (a) of the Labour Act 2024 on "Functions of DDPR" indicates that:
The functions of the DDPR shall be to - resolve labour disputes and unfair labour disputes through conciliation or arbitration; (...).

→ Section 39 of the Labour Act 2024 provides for the "Functions and powers of an arbitrator", indicating that:
(1) The functions of an arbitrator are to -
(a) conciliate a dispute allocated to him;
(b) arbitrate a dispute allocated to him;
(c) prevent or resolve a dispute, if the Director considers that a dispute may arise; and
(d) award costs in frivolous cases.
(2) An arbitrator shall have the power to turn a settlement agreement from conciliation into an arbitration award.

▷ Arbitration Awards (section 40): Section 40(1)(c) empowers arbitrators to issue awards for unfair dismissal, including reinstatement, re-employment, compensation, or costs.

→ Section 40 (1)(c) of the Labour Act 2024 on "Arbitration awards" indicates that:
(1) An arbitrator may make an arbitration award in terms of this Act, including but not limited to an award that -
(c) includes -
(i) reinstatement;
(ii) re-employment of a worker;
(iii) compensation or damages; or costs.

▷ Disputes of Rights (section 43): Section 43(2) mandates arbitration for disputes of rights, including unfair dismissals (except those related to industrial actions or operational requirements, which go to the Labour Court per Section 43(1)(b)), disputes over collective agreements, employment contracts, wages, or underpayment. Parties may agree to arbitration, or the DDPR Director may refer complex cases involving Labour Court jurisdiction to the Court (Section 43(3)).

→ Section 43 (2) of the Labour Act of 2024 on "Disputes of right" indicates that:
(2) Notwithstanding sub-section (1), the following disputes of right shall be resolved by arbitration -
(a) a dispute referred by agreement;
(b) a dispute concerning the application or interpretation of -
(i) a collective agreement;
(ii) a contract of employment, including an alleged breach of the contract;
(iii) a wages notice contemplated in section 166;
(c) an unfair dismissal for any reason other than a reason referred to in subsection (1)(b); and
(d) a dispute concerning the underpayment and non payment of any monies due under the provisions of this Act.
(3) Notwithstanding the provision of this section, the Director may refer a dispute contemplated in subsection (2) to the Labour Court for determination, if the Director is of the opinion that the dispute may also concern matters that fall within the jurisdiction of the Court.

Durée de la procédure: jour(s)

Labour Act, 2024, sets timelines for unfair dismissal dispute resolution, which, among others provides for:
Conciliation: Must occur within 30 days of referral, extendable by written agreement (Section 42(4)–(5)).
Arbitration: Arbitrators issue awards within 30 days of concluding proceedings (Section 40(3)).
Review: Applications to the Labour Court for review of arbitration awards must be filed within 30 days of the award or discovery of new grounds (Section 41(2)–(3)).
Total Length: The process appears to be between 60–90 days for conciliation and arbitration, plus up to 30 days for review, unless extended by agreement or delayed due to unforeseen circumstances.

→ Section 40 (3) of the Labour Act 2024 indicates that:
An arbitrator shall, within thirty days of the conclusion of the arbitration proceedings -
(a) issue and sign an award.
(b) serve a copy of the award to each party to the dispute or the person who represented the party in the arbitration proceedings; and
(c) file the original of the award.

→ Under Section 41 of the Labour Act 2024:
(1) (...).
(2) A party to a dispute shall make an application to the Labour Court to review an arbitration award within 30 days of the award being served on the party.
(3) Notwithstanding subsection (2), if the grounds for the review arise from information not apparent from the arbitration award, the review shall be brought within thirty days from when the party became aware of such information or ought to reasonably have been aware of such information.

→ Section 42 (4) of the Labour Act 2024 indicates that:
(4) The conciliator shall attempt to resolve the dispute through conciliation within thirty days of the referral.
(5) Notwithstanding subsection (4), the parties may agree to a longer period than thirty days and such an agreement shall be reduced in writing.

Charge de la preuve: employeur

▷ Under the Labour Act, 2024, the burden of proof for unfair dismissal lies primarily with the employer, who must demonstrate that the dismissal was based on a valid reason.

→ Section 139 of the Labour Act 2024, on "Reasons for dismissal" indicates that:
139. (1) A worker shall not be dismissed, unless there is one of the following valid reasons for termination of his employment whether adequate notice is given or not, if the dismissal is based on the -
(a) capacity of the worker to perform the work that the worker is employed for;
(b) conduct of the worker; or
(c) operational requirements of the undertaking, establishment or service.
(2) Any other dismissal will be unfair unless, having regard to all the circumstances, the employer can sustain the burden of proof to show that he acted reasonably in treating the reason for dismissal as sufficient grounds for terminating employment.