Mupane appeals 13th cheque ruling
Chakalisa Dube | Tuesday March 7, 2023 06:00
Mupane recently filed a notice appealing the judgement with the Court of Appeal. Botswana Mine Workers Union (BWMU) executive secretary, Kitso Phiri also confirmed the union will oppose the appeal.
“We filed a notice to oppose the appeal (by Mupane). The notice was filed last week through our attorneys. We believe that we have a strong case against Mupane and the court will vindicate us,” Phiri said. Mupane is represented by one of Francistown’s main corporate and commercial firms, Mogale Legal Practice, while BMWU has enlisted the services of Paul and Partners in the case.
The 13th cheque was an employment benefit that was extended to and enjoyed by MGM’s employees for about four years but was later withdrawn (in 2021). The union argued that the decision to stop paying the bonuses was taken unilaterally.
The union then approached the court seeking an order declaring that Mupane is liable to pay its employees the 13th cheque as per the substantive issue agreement concluded by the parties and an order directing the mine to pay its employees arrears of the 13th cheque for the year 2021. On the other hand, the mine’s main argument was that the 13th cheque was a time-bound benefit and was never meant to be enjoyed in perpetuity.
The mine’s main contention was that the duration of this benefit was the timeframe expressly stipulated in the substantive agreement that the parties had signed. “In terms of that agreement, the 13th cheque was to be enjoyed from April 1, 2016, up to March 13, 2019, and not beyond.
That the employees were granted the 13th cheque in the year 2020 was out of magnanimity, and not as compliance with any legal obligation,” argued Mupane's attorney.
In the end, the court agreed with the union that the 13th cheque was extended to the employees for all those years it accrued as one of their employment contracts and could not unilaterally be cancelled without a valid and fair reason through a fair procedure. Baruti then ruled that employees be paid bonuses for the year 2021.