High Court to decide constitutionality of Trade Disputes Act

The section has come under the spotlight in a case between the National Amalgamated, Local, Central Government and Parastatal Workers Union (NALCGPWU) and Rural Industries Promotions and Company Botswana (RIPCO-B). In the case, the union is questioning the way RIPCO terminated an early exit package agreement between the two parties. 

The union initially sought an order setting aside RIPCOÕs decision to repudiate the agreement the two parties entered into in April 2012. Section 37(2) of the Trade Disputes Act provides that every collective labour agreement shall be binding on the parties. It says that collective labour agreements shall cease to be binding upon the expiry of one or more months, following one party serving notice in writing of plans to repudiate the agreement.