Industrial court halts BPC early exit scheme

GABORONE - Botswana Power Corporation (BPC) has been interdicted by the Industrial Court from implementing its early exit scheme until Thursday next week.
This follows an urgent application by the National Amalgamated Local and Central Government and Parastatals Workers' Union (NALCGPWU), commonly known as "Trade Unions" to obtain a relief by way of interdict against BPC in respect of the unilateral implementation of an early exit scheme.
When granting the interdiction, Judge Justice De Villiers of the Industrial Court said the respondent (BPC) failed to follow the procedures after it was unhappy with the decision of the Commissioner of Labour and thereby writing a letter to the applicant's lawyers that it is now derecognising the union.
He also ordered the respondent to file its opposing affidavit by Tuesday next week and file another replying affidavit to the applicants the following day.
The applicant's lawyer Mr Tshiamo Rantao demanded an interim interdiction if the matter was to be postponed to February 26 as requested by the respondent.
The respondent lawyer, Mr Charlie Manyepedza had asked the court to postpone the matter to February 26 to allow the respondent to file answering affidavit and motivate its defence.
But Mr Rantao said the matter is one of the extreme urgency as the respondent has started implementing the scheme even with respect to the applicant's membership, adding that the matter cannot be heard in due course as, the harm, which the applicant seeks to forestall will have materialised.
He said the matter is of urgency by reasons of the fact that if the dispute is not resolved as a matter of urgency, the applicant's membership will be denied representation by the applicant during the retrenchment exercise, which will undoubtedly follow the early exit process.
He also argued that the respondent has instead chosen to take the law into its own hands by unilaterally ceasing to accord certain organisational and recognition rights to the applicant, whilst extending them to other unions in the workplace.
Mr Rantao said the applicant still has subscriptions deducted from its members' salaries by the respondent who refuses to negotiate or consult the applicant on anything else.
He said the position taken by the respondent is contrary to the provisions of the Trade Dispute Act, which in essence, stipulates that unilateral withdrawal of workplace recognition by the employer may only take place with leave of court.
Mr Rantao said where a dispute concerns representativeness as the current dispute with the respondent does; the procedure is to either refer the dispute to the Industrial Court or for arbitration following an unsuccessful mediation.
"If the union does not meet the required (one third) level of representativeness, the employer does not automatically become entitled to an order authorising withdrawal of recognition." He said because some of the union members have already accepted the offer in terms of the voluntary exit policy even though they were altogether not happy with terms and conditions set out therein, it is therefore in the interest of both parties that the dispute be resolved as a matter of urgency.BOPA