01 Mar 2017

Government has plans to improve the trade dispute resolution mechanism during the National Development Plan 11 by establishing an Independent Dispute Resolution Structure.

This was said by the Minister of Employment, Labour Productivity and Skills Development, Mr Tshenolo Mabeo in response to a parliamentary question on February 28.

“The initiative was carried forward from National Development Plan 10, which was not implemented due to financial constraints,” he said.

Mr Mabeo said the structure would replace the mediation and arbitration function which was currently performed by Industrial Relations Officers (fulltime mediators and arbitrators) and part-time mediators and arbitrators at the Department of Labour and Social Security.

“Currently, the Department of Labour and Social Security is charged with the responsibility of mediation and arbitration of trade disputes. Arbitration is a quasi-judicial function while the Industrial Court exercises full judicial functions,” he said.

Furthermore, the minister said the Rules of Industrial Court had been reviewed and would come into effect on April1, this year.

“Amongst other news provisions, the rules establish a mediation reform which introduces independent mediators who possess quasi-judicial authority to preside over disputes before the Industrial Court,” he stated.

In addition, he said the Trade Disputes Act 2016 gives the Office of the Commissioner of Labour authority to confirm or vary a default award issued by a mediator where the respondent had failed to attend the mediation hearing.

“The default award so varied shall have the same force and effect as a judgement or order of the Industrial Court and shall be enforceable in like manner,” he said.

The minister noted that such interventions had been introduced to improve the trade dispute resolution mechanisms, and are expected to significantly reduce the number of cases referred to the Industrial Court.

“There are currently no plans to move the Industrial Court from my ministry and set it up as a specialised court of the High Court.

The authority of the Industrial Court is at par with that of the High Court; hence appeals from the Industrial Court can only be heard at the Court of Appeal. It is for this reason that the Industrial Court cannot be a specialised court of the High Court,” he said.

Also, he said there were no plans yet to set up a Labour Appeals Court in Botswana.’

MP for Selebi-Phikwe West, Mr Dithapelo Keorapetse had asked the minister to state if there were any plans to improve trade disputes resolution mechanisms by establishing an independent body responsible for conciliation, mediation and arbitration with quasi-judicial functions.

MP Keorapetse also wanted to know if there were plans to move the Industrial Court from the ministry to be a creation of the Constitution and set it up as a specialised court of the High Court and set up a Labour Appeals Court. ENDS