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 Periodical article |
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| Title: | Remedying wrongful termination of employment in Lesotho and Swaziland through reinstatement: a comparative analysis |
| Author: | Okoth-Obbo, G. |
| Year: | 1989 |
| Periodical: | Lesotho Law Journal: A Journal of Law and Development (ISSN 0255-6472) |
| Volume: | 5 |
| Issue: | 1 |
| Pages: | 31-76 |
| Language: | English |
| Notes: | biblio. refs. |
| Geographic terms: | Lesotho Swaziland - Eswatini Southern Africa |
| Subjects: | dismissal labour contracts law Employment policy Labor laws and legislation |
| Abstract: | The specific concern of this paper is the extent to which the law in Swaziland and Lesotho enables an employee to seek reinstatement as a legal remedy for wrongful dismissal. As far as the legislative framework in the two countries is concerned, there is administrative, quasijudicial and judicial provision for that relief, although in the case of Swaziland, the language of the legislation is only suggestive. However, the application of the law by the courts in both countries comes under sharp criticism for being too legalistic and for favouring the private rather than the public approach to the employment relationship, thereby focusing on the individual employer-employee relation rather than on the relationship between employers and labour as categories. A wider view than that of abstract concepts of legal justice alone, embracing the socioeconomic relationship between labour and capital, the relationship between foreign capital and the recipient country, and the appropriate legal framework in view of those relationships, is required. In Lesotho and Swaziland, it is imperative that the statutory balance must be tipped towards labour in both its individual and unionized forms. The change primarily entails the clear-cut definition of the remedy of reinstatement and when it will be available. Notes, ref. |