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Broke Botswana Railways train attached in a labour dispute

INSET: Court ruling

The Industrial Court yesterday issued a writ of execution of property against broke Botswana Railways to the tune of close to half a million Pula.

The Voice Online can further reveal that Deputy Sheriffs this morning invaded the Botswana Railways Headquarters in Mahalapye and attached the property to be auctioned to the highest bidder.

The Deputy Sheriffs this morning executed the court order as they attached computers, servers and the locomotive train No. 315.

The writ reads in part “You are hereby directed attach the movable goods of the above mentioned respondent at the Botswana railways headquarters situated along the A1, Mahalapye main road, Mowana ward, Mahalapye Botswana and of the same to cause to be realised by public auction the sum of Pula equivalent of BWP 487,080.00, which it recovered by judgement of this court dated 26 February 2016.”

The case emanates from a unfair dismissal case lodged by its former employee, one Kepaletswe Nkoga.

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Background of the case is that Nkoga had approached the Industrial Court challenging his dismissal from work.

After a lengthy trial, the Industrial Court in 2016 found that Nkoga’s dismissal from work was “procedurally and substantively unfair”.

The judgement delivered by the Industrial Court judge, Isaac Bahuma, further reads “the respondent is hereby ordered to pay the applicant 24 months salary in the sum of P487 080.00 as compensation for unfair dismissal. ”

Botswana railways then approached the Court of Appeal (CoA) to challenge the judgement citing that the Industrial Court erred in finding that Nkoga’s dismissal was procedurally unfair.

They also argued that the compensation amount awarded was excessive and not proportional.

Their appeal was dismissed.

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Sharonmathala

Sharonm@thevoicebw.com

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