Armstrongs Stays Ahead With Yet Another Successful Industrial Court Judgement

Armstrongs’ Partner Moemedi Tafa, acting for  Bulk Mining Explosives (Pty) Ltd, was successful in the defence of an unlawful retrenchment application instituted by the Botswana Mine Workers Union.

In dismissing the application, the Industrial Court held that an employer’s obligation was to consult and not negotiate on whether to retrench or not. The Court reiterated the position that the final say lies with the employer and that the employer and the Union need not agree before the employer could proceed with the retrenchment exercise. The Court furthermore, confirmed that where employees are represented by a Union, that it was sufficient for the employer to engage with the Union alone and that no need arose to engage with employees directly.

(Judgment delivered in July 2016)