This paper aimed at scrutinizing how Botswana (Democratic State) a politically stable country for the first time since independence terminated contract for essential services section in Government abruptly, due to conditional salary increase of 5% increase, hence Trade Unions proposing an increase from 16% to 13.8%, this was during Lt General Ian Khama Seretse Khama’s presidency. Failing to reach consensus, employees resorted to national strike which took eight weeks. "Ignorance of the law excuses not" and "ignorance of the law excuses no one" respectively; essential services employees, In terms of the Trade Dispute Act 2003, Cap 28: 02, (Laws of Botswana) every party to a dispute of interest has the right to strike or lockout if all the requisites of a lawful strike prescribed by the Act have been met. Even though every employee has the right to strike, it was argued that the industrial action by some of the employees was unlawful as they are classified as essential service employees. Therefore, the above statement abrupt essential services workers to strike, despite employee’s grievances. In this scenario, the unions have to be blamed for not assisting the essential workers to understand the repercussion of (strike) consequences of crossing the law’s path “ignorance of the law excuses not” and “ignorance of the law excuses no one” respectively.
Inhaltsverzeichnis (Table of Contents)
- Abstract
- INTRODUCTION
- Public sector
- Trade Union in Botswana
- Bargaining Council
- The unlawful court cases
- PROBLEM STATEMENT
- AIM OF THE STUDY
- LITERATURE REVIEW
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This paper aims to investigate the dispute resolution processes in Botswana's public sector, focusing on the 2011 strike by essential services employees and its aftermath. The study aims to understand the government's response to the strike, the role of trade unions, and the effectiveness of dispute resolution mechanisms in the country.
- The effectiveness of dispute resolution mechanisms in Botswana's public sector.
- The government's response to industrial action by essential services employees.
- The role of trade unions in representing the interests of public sector employees.
- The impact of legal frameworks and court decisions on industrial relations in Botswana.
- The balancing act between the right to strike and the provision of essential services.
Zusammenfassung der Kapitel (Chapter Summaries)
- Abstract: This section introduces the context of the paper by discussing the 2011 strike by essential services employees in Botswana, triggered by a dispute over salary increases. The abstract highlights the legal framework surrounding strikes and the potential consequences of unlawful industrial action.
- INTRODUCTION: This section provides a general overview of Botswana's political and economic context, emphasizing its reputation as a stable democracy with a strong commitment to freedom of association. It introduces the 2011 strike by public sector workers and its lasting impact on the relationship between the government and trade unions.
- Public sector: This section explores the structure and functions of the public sector in Botswana, outlining its significance as the largest employer and service provider in the country. It also highlights the role of the Directorate of Public Service Management (DPSM) in managing the public service.
- Trade Union in Botswana: This section examines the role and influence of trade unions in Botswana, highlighting their limited power to influence government decisions. The section discusses the tension between union representatives and the government, exemplified by the 2017 challenge to union derecognition within the bargaining council.
- Bargaining Council: This section analyzes the role of the Bargaining Council in mediating disputes between workers and employers in the public sector. It explores the challenges faced by the council, including the potential for deadlocks and the government's perceived reluctance to engage in constructive dialogue.
- The unlawful court cases: This section examines the legal challenges faced by striking workers in the 2011 strike, specifically focusing on the court's decisions and the potential for bias against workers. The section highlights concerns about the fairness of the judicial process and the government's ability to act outside its mandate.
- PROBLEM STATEMENT: This section articulates the key problem addressed by the paper: the strained relationship between the government and trade unions in Botswana, particularly following the 2011 strike and the subsequent court cases.
- AIM OF THE STUDY: This section clearly states the objective of the paper, which is to explore alternative approaches to dispute resolution that could have been used by the government instead of resorting to abrupt contract termination.
- LITERATURE REVIEW: This section presents a review of relevant literature on dispute resolution in the public sector, industrial relations, and the legal frameworks surrounding strikes. The section explores various perspectives on the nature of industrial relations and the challenges of balancing worker rights with the provision of essential services.
Schlüsselwörter (Keywords)
The key keywords and focus topics of this paper are: dispute resolution, public sector, trade unions, strike, essential services, Botswana, industrial relations, collective bargaining, government-union relations, legal frameworks, court cases, democratic state, and the impact of legal decisions on industrial relations.
- Citar trabajo
- Anonym (Autor), 2020, An Evaluation of Dispute Resolution in Botswana Public Sector, Múnich, GRIN Verlag, https://www.grin.com/document/935341
