22 Sep 2013

All trade disputes registered with the Industrial Court must have gone through mediation process in terms of the Trade Disputes Act, says the Assistant Registrar of Industrial Court, Ms Segomotso Mbole-Mothotho.

Addressing a full meeting of the Central District Council recently, Ms Mbole-Mothotho said during mediation, the district labour office must conclude the case in 30 days and referral certificate together with other necessary documents like certificate of failure to settle must be submitted to the Industrial Court within 30 days.

Ms Mbole-Mothotho said if not submitted within 30 days, the applicant had to make application “condonation of late filing” citing reasons for late filling or registration of case.

She said the exceptions was in respect of urgent applications where the applicant was required to set out circumstances why the matter was urgent and the reasons why the dispute could not wait for determination at mediation or arbitration.

Examples of urgency would be a case where the company was liquidating or its directors were leaving Botswana. Another way of registering a case, she said, was by way of an appeal against the decision of the mediator in matters relating to jurisdiction of the mediator to mediate the dispute, mediator’s refusal for condonation of late filing and dismissal of any referral.

Mediation, she said, brought the parties together to reach an agreement of settlement of trade dispute. If agreement failed, then the Industrial Court would hear the case and pass judgement. ENDS