Dumped workers score major victory

Francistown Industrial Court Judge Galesite Baruti has ordered Diesel Power Botswana - a mining contractor formerly contracted by the now liquidated African Copper at Mowana mine in Dukwi village - to pay its dumped employees their October and November salaries.

The judgement was handed down last Friday and gives the company 14 days to have paid the monies. This comes after a recent decision by the company management to skip to their native South Africa leaving behind 103 stranded and unpaid workers.

The company  also failed to turn up for a labour hearing which was scheduled for Sowa Town on the 9th of November 2015 after which the applicants filed for an urgent application at the Francistown industrial court. On the 23rd of November 2015, the applicants through their lawyer Tebogo Botshelo served the company with an urgent application, only for the company to fail to file an answering affidavit with respect to the urgent application.

The respondents also failed to advance any reasonable grounds as to why they chose to deliver only an affidavit on the points in limine and not the substantive application. Likewise, the respondents have admitted that the applicant’s salaries for October and November 2015 are due and payable.

Baruti stressed that the court must apply both law and equity in terms of section 15 of the Trade Disputes Act. As for equity, the judge revealed that it demands that the rights of the parties should be enforced once they are established satisfactorily.

Diesel Power Botswana was then ordered and directed to pay all applicants their salaries and benefits for the month of October2015 which are due and payable to them as computed in the default award issued out by the labour office within 14 days from the 27th day of November 2015.