27 Mar 2019

Parliament has been informed that the Ministry of Employment, Labour Productivity and Skills Development has conducted a labour inspection at Mendel Welding and Engineering on November 11 to 12, last year.

Answering question in Parliament, Minister Tshenolo Mabeo said during inspection, no complaints were raised regarding notices of termination issued to employees who complain about the work environment. As such, he said the ministry was not aware that employees of Mendel Engineering in Gaborone who complained about safety of their work environment were given notices to vacate their positions.

Mr Mabeo said employees raised issues concerning payments and compensation associated with trips and working on weekends. He said the ministry provided clarification on the issues as prescribed by the law. He said in terms of Section 23 of the Employment Act, the employer was prohibited from terminating a contract of employment on the ground of the employee participating in proceedings against the employer involving the alleged violation of any law, among others.

He further said issues of safety were regulated by Factories Act and as such the employee who was given notice of termination of employment for making a complain about the safety of his/her work may report a trade dispute to the District Labour Office in terms of Section 6 (1) of Trade Disputes Act, 2016 for mediation.

Mr Mabeo said Employment Act was silent on payment of employees who move out of their employment stations on trips.

He stated that as discussed during labour inspection, employees were aggrieved about the rate of allowance. Therefore, he said it was entirely upon the two parties to go back to the negotiating table to review the current allowance.

He said labour inspectors further rendered advice to the employees and management in tripartite meeting held on November 12 and agreed to discuss the matter further.

Mr Mabeo said employees in their various sectors work specified hours per week and that in terms of Regulations of Wages (Manufacturing Service and Repair Trades) Order Employment Act, employees are required to work not more than nine hours in any working day or a total of 45 hours in any working week of six weeks.

He added that overtime worked was paid for each day or working week worked at applicable overtime rates.
Mr Mabeo said during the labour inspection, it was discovered that the parties had an agreement to the effect that employees who miss work during week days may work during the weekend to compensate for the week day lost, and that such employees would be paid at a normal rate.

According to management, he said, the arrangement was made to address persistent absenteeism in the company, especially at month end. Gaborone North MP, Mr Haskins Nkaigwa had asked the minister if he was aware that employees of Mendel Engineering in Gaborone who complain about their work environment were given notices to vacate their positions.

Mr Nkaigwa further wanted to know what was being done to assist the workers and the minister was also to clarify how the employees were supposed to be paid when they move out of their employment stations on long trips.

He also asked whether the minister was aware that employees who miss work during the week were not paid at weekend rates despite working on weekends to compensate for the week day lost.

MP Nkaigwa also asked if it was proper to have a kitchen next to a toilet at the work place and what was being done to address the abnormality. Ends