Union wins against Mascom
Staff Writer | Tuesday February 13, 2018 15:17
At the centre of the dispute between Botswana Communications Workers Union (BCWU) and Mascom was whether or not the wireless company’s employees employed at Band 5 are members of its management such that they are ineligible for membership of the BCWU.
In its request for recognition, the union provided to the respondent, a list of the employees whom it regarded as its members.
On November 17, 2015 Mascom duly accorded the union recognition. This was after the list of union members comprised the respondent’s employees at Band 1 to Band 5 was submitted to the company.
It was not until April 20, 2016 that Mascom came up with the suggestion that its employees at Band 5, who were also part of the list submitted to it on November 2015, were not eligible for union membership on the basis that they were part of its management.
“And this forms the epicentre of the real dispute between the parties.”
In his ruling Ketlogetswe said “that the decision of the respondent to exclude deductions for members of the applicant who are on Band 5, with the exception of RAN Senior Field Engineer and RAN Senior Support Engineer, is unlawful and is hereby set aside”.
He also ordered Mascom to facilitate the deduction of subscriptions of members of the applicant who are at Band 5 with immediate effect.
The Judge also ordered the wireless company to pay the applicant an amount equivalent to membership subscriptions according to the balance of the months from the date of first subscription to date of judgement, for all members of the union at Band 5.
Lastly, he ordered that the respondent to pay costs of the application. Attorney Kabo Motswagole represented the union while Dineo Makati-Mpho appeared for Mascom Wireless.