Armstrongs Stays Ahead With Yet Another Industrial Court Ruling
This week Partner, Moemedi Tafa, was successful in the Industrial Court, Francistown for our client Petrologistics Botswana (Pty) Ltd.
A former employee had instituted proceedings seeking to be paid overtime and pay for working on paid public holidays and weekends for the years 2012, 2013, 2014 and 2015.In opposing the matter, and applying for absolution from the instance, the Court agreed with Moemedi’s submissions that the obligation was entirely on the former employee to prove that he had actually worked the days that he was claiming. It was simply not enough to tabulate a series of dates and leave it to the employer to disprove. “He who alleges” must prove. The Court granted Petrologistics the absolution from the instance and dismissed the matter.
ARMSTRONGS REPRESENTS COURT OF APPEAL (CoA) JUDGE IN THE HIGH COURT: Last week Managing Partner, John Carr-Hartley, represented a Judge of the CoA in a matter in the High Court in which Judgment has been reserved.