After years battling over the payment of 2017/18 notches award, the two parties fought at the Gaborone Industrial Court on Wednesday, as the union instituted action to stop CAAB in its tracks. The legal action arises from the union’s assertion that the intended termination is a violation of the existing agreement and labour laws and also prejudicial to its members, who are employees of CAAB. It is said that CAAB recently issued a notice to BOPEU, signalling its intention to abandon the CLA on the claim that the union failed to withdraw a case for the payment of the 2017/18 notches to the latter’s employees. In an urgent application filed before Gaborone Industrial Court, the union seeks the court to temporarily interdict the respondent (CAAB) or anyone acting under its instructions from giving effect to the decision dated June 17, 2025 titled ‘Notice of Termination of the Collective Labour Agreement’.
Secondly, the union wants the court to direct CAAB as the employer party to continue its obligations under the CLA and extend to the union all the organisational rights therein, including collective bargaining contained in the CLA, and in particular continue participating in the Joint Negotiations and Consultative Committee (JNCC) as established by the CLA for purposes of concluding the 2025/26 salary negotiations, review the conditions of service and any matter that can be completely transacted through the JNCC. Furthermore, the union wants the court to order that the parties’ rights and obligations as contained in the CLA, shall apply in full pending the finalisation of an Application for the review to be filed by the union within 21 days of the granting of the interim order. In his founding affidavit, the union’s president Martin Gabobake stated that the decision to place the union on notice to terminate the CLA by CAAB is a calculated stratagem to frustrate the continuation of the 2025/26 salary negotiations, review of conditions of service and other welfare issues affecting the union’s members, which negotiations occur within the JNCC framework established by the CLA. “By giving notice to terminate the CLA, the Respondent is literally suffocating the Applicant and its members. Without a CLA, there will be no JNCC, and without a JNCC, there will be no formal structure for negotiations and consultations on matters affecting our members who are employed by the Respondent herein. Effectively, the termination of the CLA is a threat to the very mandate of the 1st Applicant and the welfare of our members,” said Gabobake. Gabobake also stated that the union has always maintained a cordial relationship and dealt with in good faith with the CAAB and firm commitment to constructive dialogue. He denied that there is an intention to by the union to undermine the CLA and the relationship they have with the CAAB. “Since October 2023 when the respondent suspended its intention to terminate the CLA, I am not aware of any trigger that could have influenced the respondent to take such an arbitrary, punitive, unilateral and unlawful decision to terminate the CLA. I characterise the decision as unlawful because the 1st Applicant has never breached any concluding statement,” he submitted.
