Effect given to the recommendations of the committee and the Governing Body - REPORT_NO350, June 2008

Effect given to the recommendations of the Committee and the Governing Body

1. 35. The Committee last examined this case – which concerns allegations of the dismissal of 461 employees and union members for having engaged in strike action; the dismissal of four union officials; interference by the employer in the union’s internal affairs; and the failure of the Government to provide adequate dispute resolution procedures and intervene in the dispute between the Botswana Mine Workers’ Union (BMWU) and the Debswana Mining Company – at its May–June 2007 meeting [see 346th Report, paras 264–336]. On that occasion, it made the following recommendations:
   • (a) Noting the Government’s indication that the question of the dismissal of the 461 employees is currently before the Industrial Court, the Committee expects that these proceedings will be concluded expeditiously. It requests the Government to keep it informed of the outcome of the judicial proceedings and to ensure that all relevant information is gathered in an independent manner so as to shed light on the situation of these workers and the circumstances surrounding their dismissal. Should it be determined by the court or by the information gathered that any of those dismissed were employed in services other than those categorized as essential within the meaning of the collective agreement, it requests the Government to take the necessary measures to ensure that they are fully reinstated in their previous positions.
   • (b) The Committee requests the Government to clarify whether Mr Masole has indeed been brought before the courts, as the complainants allege, and to provide full particulars in this regard.
   • (c) As regards the dismissal of the four BMWU officials, the Committee expects that the Industrial Court will bear in mind the principles of freedom of association cited in its conclusions when considering their appeal and requests the Government to keep it informed of the outcome and to transmit a copy of the judgement as soon as it is handed down.
   • (d) The Committee requests the Government to consider all possible measures aimed at ameliorating the industrial relations climate in the Debswana Mining Company. It requests the Government to keep it informed in this regard.
2. 36. In a communication dated 28 November 2007, the Government states that the case of the dismissal of 461 employees was scheduled to be heard by the Industrial Court on
3. 22–24 October 2007, and that a copy of the judgement would be transmitted to the Committee. With regard to Mr Masole, the Government indicates that he was not brought on charges but instead – and as it had previously indicated – was issued a written warning that has since lapsed for inciting employees to refuse to vacate company housing. On 27 June 2005, Mr Masole applied for retirement from the mine (Mr Masole was 59 years old at the time, whereas the retirement age for mine employees is 60 years). The Government adds in this respect that Mr Masole’s last working day was 30 December 2005, after which he retired with full pension benefits.
4. 37. With regard to the case of the dismissal of four BMWU officials, the Government states that the matter is before the Industrial Court: a copy of the judgement would be transmitted once it is handed down. Finally, the Government states that the Debswana Mining Company continues to recognize the BMWU and indicates in this regard that a total of eight collective agreements had been concluded between the two parties for the period 2004–07.
5. 38. The Committee takes due note of the Government’s indications respecting Mr Masole and the agreements entered into between the Debswana Mining Company and the BMWU. Further noting that the cases concerning the 461 dismissed employees and the four dismissed union officials were pending before the Industrial Court, and that copies of the judgements would be provided once they were handed down, the Committee reiterates its expectation that the Industrial Court will bear in mind the principles of freedom of association cited in its previous conclusions when considering the appeal of the four union officials [see 346th Report, para. 331].