DPSM forced to recognise TAWU

Oarabile Mosikare | Tuesday January 28, 2014 16:42

The dispute had been set for arbitration hearing on December 18, 2013 at the District Labour Office in Gaborone. The arbitrator, Mereenayotlhe Molonda, determined this on January 16, 2012 and ordered the respondent 'to make the necessary arrangements to convene a meeting within l0 working days from the date of the issuance of this award where the signing of the Recognition Agreement will be an item on the agenda'.

The dispute was set for arbitration hearing on December 18, 2013 at the District Labour Office in Gaborone. 'Both parties are further directed and ordered to lodge a certified copy of the agreement within 28 days of the day (January 31, 2014) on which it (agreement) was signed in line with Section 38 (l) of the Trade Disputes Act of 2003,' Molonda ruled.

He said this decision should be understood within the context of this dispute. He added that the decision is not a precedent nor should it be prejudicial to the parties' rights to start negotiations on the review of the existing and signed agreement.

'These revisions may be made at any time with mutual consent of the parties but they should be treated as new items with no bearing on the signing of the agreement as is and should therefore follow the normal course of consultation and negotiation in line with the negotiation guidelines as determined by the parties,' Molonda said. He made no order as to costs.

Molonda said any aggrieved party could appeal to the lndustrial Court for review within l4 days from the date of receipt of this award. TAWU was represented by its president Edward Tswaipe while Ojang Tsheko and Kearoma Mogapi appeared for DPSM.