Effect given to the recommendations of the committee and the Governing Body - REPORT_NO355, November 2009

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

1. 22. 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 March 2009 meeting. On that occasion the Committee, noting the decision of the Industrial Court denying the BMWU’s application for condonation of the late filing of its statement of the case and that a case concerning the dismissal of four BMWU officials was still pending before the Industrial Court, reiterated 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 353rd Report, para. 65].
2. 23. In a communication of 15 May 2009, the Government transmits a copy of a decision of the Court of Appeal, dated 15 April 2009, in which the Court upheld the Industrial Court’s denial of the BMWU’s application for condonation of the late filing of its statement of the case regarding the dismissal of 461 of its members.
3. 24. The Committee takes due note of the Court of Appeal decision of 15 April 2009. It notes in particular that, in upholding the decision of the Industrial Court, the Court of Appeal held that the Industrial Court had properly exercised its discretion in deciding that the BMWU had failed to submit its application within a reasonable time period and that the Industrial Court had considered all relevant facts in its determination that the BMWU had failed to demonstrate any prospect of success of the underlying claim concerning the dismissal of 461 of its members. The Committee also takes note of the statement of the Court of Appeals that the workers had only lost the possibility of a claim before the Industrial Court but that they could still pursue the merits of their underlying claim in the High Court and requests the Government to indicate whether any further actions have been taken in this regard. Noting that a case concerning the dismissal of four BMWU officials is still pending before the Industrial Court, the Committee once again expresses the 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] and requests the Government to transmit the judgement as soon as it is rendered.