BMWU to file fresh papers next week

BAME PIET
Staff Writer | Friday July 11, 2008 00:00

General Secretary Jack Tlhagale announced this in Gaborone yesterday. Justice Tapiwa Marumo threw out the case, saying the papers were improperly filed and that the court was in the dark as to who it was dealing with. She, however, gave BMWU an opportunity to file a new case before July 25.

BMWU is challenging the Botswana Chamber of Commerce Industry and Manpower (BOCCIM), Hatch Africa (Pty) Ltd, CCB (Pty) Ltd, G-LTA (Pty) Ltd and Falcon (Pty) Ltd over the sudden closure of Activox coal washing plant in Matshelagabedi, 40km from Francistown.

The union is seeking a P5,000 relocation allowance from the companies; that the court declares the companies did not follow the proper procedure in demobilising their employees; that the court orders the companies to pay the employees a six-month compensation; that the court declares that the companies did not consult with the employees and their union before a decision was taken to terminate their employment; and that the court declares that the demobilisation constitutes unfair retrenchment and is in breach of the employees' contracts.

Tlhagale said he was shocked by the court's decision to throw out the case without even establishing whether it was indeed urgent. He said that though he is not an attorney, it has happened in similar cases in the past that the applicant is called to testify on oath to explain a few things that the court may not understand. 'It was not fair to BMWU and the general applicants for the court to throw out the case on technicalities. What is even surprising is that we had stated in our affidavits, attached to the application, who BMWU is and its relationship with the 677 applicants,' he lamented. He was disappointed that instead of aiming for dispute resolution by assisting the complainants, the Industrial Court seems to be more concerned about technicalities.

Tlhagale said that they were likely going to suffer another blow because some of the contractors were already leaving the site and that it would be hard for them to compile everything on the 677 applicants. 'There is a possibility of some employees being stranded after the departure of the companies,' he said.

He explained that initially the case was handled between the companies and the employees, and then it went to the Labour Department who also recognised BMWU, only for the judge to say she did not know who BMWU was and its relationship with the applicants. The BMWU general secretary says that it 'seems the Industrial Court has something against BMWU', citing the case of the 461 (Debswana) employees, charging that the court 'is deliberately delaying the case', which they have filed at the Court of Appeal.