27 Nov 2018

Minister of Employment, Labour Productivity and Skills Development, Mr Tshenolo Mabeo has said 546 former employees at BCL Mines have been engaged by the liquidator, with 510 of them being miners who were employed by BCL Mine while 36 were employed by Tati Nickel Mine.

Answering a question in Parliament on November 26, Minister Mabeo said at BCL Mine, 74 out of 477 employees were unionised, while at Tati Nickel Mine employees were not.

He said there was no Collective Labour Agreement between the liquidator and trade unions as the liquidator was not an employer, but was rather executing his functions in terms of the Insolvency Act Chapter 42:02 and workers were engaged in their capacity as creditors.

He said issues pertaining to employees’ benefits arising from the insolvency of workers were covered by section 91A of Employment Act Cap 47:01, which provides that in the event of an employer’s insolvency, an employees’ claim arising out of his employment shall be payable out of the assets of the insolvent employer before non-privileged creditors were paid their shares.

“The section further provides that the employees were entitled to severance benefits or other terminal benefits for wages up to three months prior to insolvency, their payment as a result of work performed during holidays within a period of 24 months prior or the insolvency or termination of employment as well as claims for any amount due to them in respect of other types of paid absence for a period of not less than three months prior to the insolvency,” he said.

MP for Selebi-Phikwe West, Mr Dithapelo Keorapetse had asked him to state the number of workers engaged by the BCL Liquidator at both BCL Phikwe and Tati Nickel mines and clarify if the said workers were unionised. He also enquired whether there was any collective labour agreement between the liquidator and trade unions as well as to explain the position of the law regarding liquidations. ENDS