BOTEC retrenches staff amid court order

LAWRENCE SERETSE & ZOLANI KRAAI
Correspondents | Wednesday January 9, 2013 00:00

 

He said this, along with BOTEC's attempt to impede the union from intervening and negotiating in good faith on behalf of the workers, is unfair. Motshwarakgole said it is appalling for employees to be sacked in December when the interviewing process begins this month.

'Things are done in a rush - no preparations or good negotiations were given time. We still refuse for employees to get packages before they understand their offers and alternative information about the new entity,' the union secretary said. 

He asserts that BOTEC is in breach of a court order by going ahead with the retrenchment exercise while it is still to go to court on February 7th. There is a cloud of uncertainty and anxiety looming over the heads of some BOTEC employees as management implements its long anticipated retrenchment exercise.

A letter to BOTEC staff written by Acting Chief Executive Officer Godfrey Mosimaneotsile dated 27th November 2012, details the following: A cabinet directive to merge BOTEC and RIPCO (B) will result in both organisations no longer existing and staff members will either be released or join the newly established entity. Communication was made to the staff and the Commissioner of Labour in March last year, pursuant to Section 25 of the Employment Act. The letter goes on to say that notice was given to employees informing them that their employment would end on December 31st, 2012.

According to the letter, BOTEC Management is unable to offer employees exit packages due to on-going consultations with the NALCGPWU.  It further informs them that if they are living in the institution's houses, they can continue to do so for no longer than three months from the date of receipt of the letter.

In the dispute between NALCGPWU and BOTEC heard on November 12th, 2012 at the Gaborone Industrial Court, the court ordered that the respondent should desist from direct negotiations with applicant's members.  In light of this, some sources wonder why BOTEC management is requiring employees to vacate the institutional houses whilst negotiations are ongoing.  The court order stated that the parties should continue to negotiate to finality on the terms in anticipation of BOTEC ceasing to exist as of November 30th, 2012.

After such time, the parties would enter into further negotiations on exit packages and related matters. BOTEC Human Resource personnel, Ntema Kopane, addressed all employees on December 7th, 2012. Kopane informed them of the board resolution that BOTEC would close on December 27th, 2012 until January 4th, 2013, further stating that staff would be released on December 24th, 2012 at 1230hrs.

The correspondence further stated that they would not be required to fill leave applications for a period that the organisation was closed. Employees said they were sceptical of this and considered it a way to derail their attention from the issue at hand. Also detailed in the letter is that work on computation and payment of exit packages for non-unionised members of staff are ongoing, and would be communicated once the whole process is completed.Meanwhile, interviews are ongoing at BOTEC, while some employees are at work with some and still battling their fate.