The Industrial Court has interdicted LUCARA Mine from implementing a restructuring process declaring redundancies pending further consultation with Botswana Mine Workers Union (BMWU).
“The respondent is hereby directed to negotiate the retrenchment package with the Botswana Mine Workers Union as per Clause 13 of the retrenchment/redundancy agreement concluded by the parties,” said Justice Anna Mphetlhe.
The judge also ordered each party to pay their own costs.
BMWU filed an urgent application on April 6th seeking an interdiction against Lucara Botswana (PTY) Ltd from proceeding with a restructuring process, and declaring redundancies.
The Union argued that it was not fully consulted on the exercise and that the employees were slapped with a surprise offer to submit applications for voluntary separation on 3rd April 2023.
“It is the contention of the Union that this invitation was issued prematurely as the parties had not exhausted consultations in line with the redundancy and retrenchment agreement, hence they took a decision to seek an order interdicting Lucara Botswana from proceeding in the manner they did,” observed the Court.
The Union had already lodged a dispute before the Commissioner of Labour prior to the issuance of the invitation by the company, but it proceeded with the exercise nonetheless.
BMWU stated that the company’s gesture was a display of disrespect for them and the Commissioner of Labour.
The union further argued that mediation requires cooperation between parties and that the mediator does not have the power to make a binding decision. They said the lack of cooperation by Lucara Botswana was an indication that there was no prospect of a positive outcome between the parties.
However, Lucara Botswana stated that it has fully consulted the affected employees and that BMWU has failed to show that there were exceptional circumstances rendering the matter urgent as they have been aware of the exercise since January 2023.
Lucara’s Shepard Dick said the applicants were consulted on the optimization of the security department and that a different company APGI was engaged to undertake the exercise in November 2022.
He further stated that the matter was discussed at a relationship building retreat in Maun from 11th to 14th December 2022 which was attended by all employees.
Dick further told the Court that in January 2023, the security guards were informed that APGI had completed the exercise and made recommendations, which they accepted and that as a result the redundancy exercise will kick off.
He stated that on 27th January 2023 Lucara Botswana shared a Section 25 letter with the BMWU as well as the employees, but another meeting was held where BMWU insisted that consultations should be preceded by negotiations on the nationwide retrenchment package.
The court ordered that the status quo should be maintained and the continuation of negotiations. The diamond mining company operates Karowe Mine among others.
