Country: Lesotho

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Musa v. TEBA, et al. [Lesotho] [February 02, 1990]

The applicant, a receptionist at a mining company, suffered from an allergy to tobacco smoke and sought a transfer to another position within the company. The company granted the applicant the transfer, but the new position required that she accept a change in salary grade that would disqualify her from receiving annual incremental pay raises. The applicant asserted that, in effect, the company had limited her options to accepting the lower pay grade, returning to the smoke-filled office where she had previously worked, or resigning from the company. While the company negotiated the applicant's position, she ceased to perform her duties, and the company terminated her employment on those grounds. The applicant claimed she was wrongfully dismissed and requested a declaration that the dismissal was null and void and that the company had to reinstate her with full rights and benefits. The High Court dismissed the application on technical grounds.