Question: Answer the question with regards to labour law in Botswana and the Botswana trade disputes act,2016 with establishment of legal issues QUESTION ONE (COMPULSORY) On

Answer the question with regards to labour law in Botswana and the Botswana trade disputes act,2016 with establishment of legal issues

Answer the question with regards to labour law in
QUESTION ONE (COMPULSORY) On the 1" April 2024, Acceleration Movers dismissed its employee, Kitso who had been employed as a data entry clerk for five years, after she was found guilty of ng her duties. On the 15" April 2024, Kitso referred the matter to the sioner of Labour alleging that she had been unfairly dismissed. The appointed a mediator to mediate over the dispute, The mediator dation meetings for the 23 and 25 April 2024 and informed both n Movers did not attend both of these mediation meetings cheduled the mediation to the 29" April 2024 in an endeavor to Sotn parties an opportunity to be present at the mediation hearing celaration Movers was informed of the new date. On the 29 April 2024, Kitso was present but Acceleration Movers failed to attend the mediation once again Frustrated by Acceleration Movers' non-attendance, the mediator set a final date for tion on the 20" May 2024. Accelaration Movers was informed of the new | date, Kitso was present as usual, and Acceleration Movers d. Consequently, the mediator made a default award for 5 months ordered that Kitso be re-instated. Acceleration Movers is vith this award (a)Advise Acceleration Movers whether it 'has any defenses to the mediator's award. [15 marks] * } (b)Assume Kitso referred the dispute to the Commissioner of Labor on 1% June 2024 and the mediator accordingly mediated the dispute and issued a certificate of failure to settle despite a protest by Acceleration on the date of the referral. Would Acceleration Movers have any defenses? [15 marks] [Total: 30 marks] sO

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