Abrupt Termination of Employee Contracts In a Democratic State: The Case of Botswana

Abstract

Botswana has in the past received accolades of being the most peaceful country in Southern Africa. Any disturbance of this peace is either shunned or seen as a departure from the norm. The advent of trade unions in Botswana has always been looked at with suspicion and they have been seen as militant, which is contrary to the peaceful existence the country has enjoyed regardless of the fact that it is surrounded by countries that have been to war at some point in their history. Therefore, the state has made it a point that any sign of unrest is severely dealt with by the government. Some employees were dismissed un-procedurally as disciplinary procedures were not followed and the court ruled in the employee’s favour in 2012. The majority of those dismissed were from the essential services sections of government even though at the beginning some were released through the strike rules agreement between government and unions. Laid down disciplinary rules and procedures of having a hearing were not followed.