This follows after the union was taken to court by its general manager (commercial division), Sydney Mogapi for what he termed "unfair suspension".
He was suspended by the union on March 7 following a national executive (NATEX) meeting on March 5, over a faceless employees’ letter that made serious allegations such as ill-treatment of employees, corruption, bribery, nepotism and sexual harassment.
However, Gaborone Industrial Court judge, Galesiti Baruti, has recently nullified his suspension and accused BOSETU of unfair labour practices for failing to comply with its disciplinary code otherwise known as the Grievance and Disciplinary Procedures.
The court found that the union leadership rather took an anonymous letter that was spewing out very serious allegations against Mogapi to an executive committee meeting and, thereafter, suspend him.
“There is no such grievance procedure in the disciplinary code. The disciplinary code does not provide for the sort of a grievance procedure in which anonymous and faceless letters against an employee are concocted by shadowy figures in the eerie of the comfort of darkness, placed before the executive committee that resolves to suspend such an employee,” read the judgment in part.
The court further found that for the union leadership to thumb their noses at a grievance procedure that they formulated, and which forms part of applicant’s employment contract, was unfair.
The court said Mogapi's right to work has been violated and therefore the court must put a stop to this violation.
“This constitutes an unfair labour practice. The outcome of such an unprocedural conduct being the precautionary suspension cannot be allowed to see the light of day. This was not a proper suspension. This was a bundling out which violates first respondent’s code. The suspension is, therefore, null and void,” the court ordered.
Furthermore, the court questioned the legitimacy of the alleged grievances levelled against Mogapi. It also described grievance as a feeling of dissatisfaction or unjust treatment by an employee about their work, workplace, or a person they work with.
The court averred the anonymous letter was authored by shadowy figures in the dark, and it can't be said that they showed any feelings of dissatisfaction or unjust treatment in that darkness.
“The respondents aren't even sure that this faceless and nameless letter coming out of the dark shadows was indeed authored by the employees of the first respondent. For all they knew, and they did not demonstrate otherwise in their papers, the anonymous letter could be having absolutely nothing to do with any of the employees of the first respondent,” the judgment further reads.
Moreover, the court found that the meeting that resolved to suspend Mogapi didn't form a quorum as only 10 executive committee members voted and instead of 11 of the total of 16 members.
The court ruled that on account of these findings, that meeting of February 5, congregated to commit an illegal act, being the issuing of an unlawful and unfair precautionary suspension of the union's general manager.
The court also ordered the union is permanently interdicted and restrained from taking any action arising from or in connection with the nullified letter of February 7.
