SECHABA MATATIELE Mantṧekele Theko, a dismissed Lesotho Motor Clinic (LMC) employee, has lodged an application for enforcement of the arbitration award made by the Directorate of Dispute Prevention and Resolution (DDPR) on January 31. The application will be moved in the Labour Court on May 13. Theko’s lawyer, Advocate Poulo ’Nono, said since from the date of the award, LMC, a Chinese business selling motor parts based at Borokhoaneng in Maseru, has not yet executed the decision given by DDPR. Theko was employed at LMC from October 2004 until she was dismissed on April 2018. At the time of her dismissal she was earning M2 100. She testified at DDPR that she was dismissed for having sold goods at a discount without authorisation. She said whenever there were broken or damaged goods, she would report to her supervisors and inform customers that they could buy the goods at a discount. Theko said one supervisor told them to sell the goods at a discount to retain their customers as they were no longer buying from them due to higher prices and the same supervisor instructed one Phai Tṧepe to give them a password to the system so that they could sell the goods at lower prices. At the time of the case, the LMC did not show up and the DDPR handed down judgment in default. The DDPR said LMC failed to discharge the burden cast upon it and therefore he was left with no option but to believe that the applicant was unfairly dismissed, both substantively and procedurally. He said it was trite law that what has not been denied is taken to have been accepted as true and accurate. Therefore, the DDPR ordered the respondent to reinstate the applicant without loss of remuneration, seniority and other benefits from the date of dismissal to the date of reinstatement, with effect from March 1. The DPPR also ordered that the applicant should report for duty on the same date of reinstatement at the respondent’s premises at 7:30 am. Advocate ’Nono said when the applicant arrived at the place of respondent’s business, she was told that the owner was not available and when he was informed through a phone call about Theko’s presence, the respondent said the applicant should leave her phone numbers and go home as he would call her back. ’Nono said from that time until the applicant lodged an application for enforcement on April 24, the respondent never phoned back to applicant. The respondent’s legal representative Advocate Rabati Akhosi confirmed that by the time the DDPR made the award they were absent. He said now they have lodged an application for rescission at DDPR and indicated that they are asking for rescission as the applicant was fairly dismissed both substantively and procedurally. “She was called to a disciplinary hearing and thereafter she was fairly dismissed,” Akhosi said, indicating that they will ask the labour court to halt this case of enforcement until DDPR has dealt with the plea for rescission.