26 Sep 2019

Industrial Court official Ms Sandra Motsilenyane says her office is seeking effective ways to improve its enforcement of arbitration and mediation awards, especially those without backing of writ of execution or court-endorsed process.

She said this when briefing the Central District full council meeting in Serowe recently about the role of the Industrial Court.

Ms Motsilenyane explained that the enforcement of mediated settlement agreements, or orders made in the mediation process or arbitration awards lies at the centre of effective dispute resolution in the field of Labour Law.

“The purpose of creating these two institutions to resolve labour disputes is to create an environment that is flexible and less difficult to the parties so that they can deal with their matter in a less formal, easy and speedy manner,” she said.

She added that institutions were obliged to attempt to resolve disputes through conciliation/mediation and to arbitrate the dispute if it remains unresolved after that process.

She said the Judge sat with two assessors; one nominated by an organisation representing the workers, and another by an organisation representing the employers.

“Any party to a dispute may make an urgent application to court for the determination of a trade dispute.

The applicant must set forth the circumstances which he/she claims render the matter urgent and reasons why the matter cannot go through mediation by the Commissioner of Labour,’’ she stated. She mentioned that the Labour Court was an independent workplace dispute resolution body providing a comprehensive service for the resolution of disputes concerning industrial relations and employment rights.

She said they resolved disputes in a less technical manner so as to avoid or reduce delays, thereby enabling litigants to get effective and quick remedies.

Motsilenyane said once a dispute is resolved, either by way of a settlement agreement, or by conciliation or, by the issuance of an arbitration award, the agreement, ruling or award needs enforcement.

She said such endeavour was beneficial in light of the fact that poor employees are more affected.

The officer explained that where arbitration was conducted, an award with reasons had to be made within 30 days, section 9(12) then providing that an arbitration award had the same force and effect as a judgment of the Industrial Court and was enforceable in exactly the same manner.

She said it promoteed industrial harmony and regulated the relations between employers and their employees, between the trade unions and employer organisations as well as resolve disputes arising from these relations.

Ms Motsilenyane told councillors that the Industrial Court was headed by a Judge President. Industrial Court judges are appointed by the President.

In response, councillors expressed concern that there were many pending cases, indicating that most of Batswana companies cheated their employers by delaying payment.

They said some foreign companies flee the country without paying their employees’ salaries.

They said security companies always paid their employees after two to three months. Ends