Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Botswana (Ratification: 1997)

Article 4 of the Convention. 1. The Committee notes that section 18(1)(a) of the Trade Disputes Act provides that the Industrial Court shall have jurisdiction to hear and determine all trade disputes except for disputes of interest. However, section 18(1)(e) provides that the Industrial Court shall have jurisdiction to direct the Commissioner to refer a dispute that is before the Court, to arbitration while section 20(3) provides that a party to a trade dispute may make an urgent application to the Industrial Court for the determination of the dispute in question (without excluding disputes of interest). The Committee requests the Government to specify whether the Industrial Court has the power to direct the Commissioner to refer a dispute of interest to compulsory arbitration (for instance, in case where one of the parties to the dispute has made an urgent application to this effect to the Industrial Court).

2. The Committee notes that according to section 35(1)(b), an employer or employers’ organization may apply to the Commissioner to withdraw the recognition granted to a trade union on the grounds that the trade union refuses to negotiate in good faith with the employer. The Committee considers that while the question as to whether or not one party adopts an amenable or uncompromising attitude towards the other party is a matter for negotiation between the parties, both employers and trade unions should bargain in good faith making every effort to reach an agreement. The Committee considers that the severity of this sanction could have an intimidating effect and jeopardize the free and voluntary nature of collective bargaining. The Committee requests the Government to take all necessary measures to repeal this provision.