SECTION D ESSAY TYPE QUESTIONS [50 MARKS] ANSWER ANY TWO QUESTIONS FROM THIS SECTION Read the following extract and then answer the questions that follow Question 1 (25 marks) Retrenchment (Innocent Chinu and 13 others v Pelican Moving Company Pty Ltd) Here 14 employees claimed "maximum payment of compensation for loss of employment" arising from their retrenchment when the Gaborone division of the Pelican Moving Company was sold to Hoya Removals and Freight. The Pelican Company had previously operated a removals, freight and distribution businesses in both Francistown and Gaborone. The Directors were Stephen Smith and his wife C.J Smith (both non-citizens, and resident in Francistown), and Andrew Chifedi (a citizen who resided in Gaborone). In December 2002, the Smithe and Chifedi disposed of the Gaborone Freight and Removals Division of Hoya Removals and Freight, a company co- owned by Andrew Chifedi and the company's citizen general manager James Molokomme. One consequence of the transfer was that the business became wholly citizen owned. At the time of their application to the Industrial Court, nine of the 14 ex- Pelican Company employees were still employed by Hoya Removals, one was deceased, one had left Hoya to work for Debswana and three had been dismissed by Hoya for dishonesty and fraud. a) Define the term retrenchment? (2 marks) b) As the Judge in the Industrial Court, how will you reach to the bottom of the matter in the extract? (4 marks) c) List any five measures that employers can take to avoid retrenchment (5 marks) BOU 2023 Page 7 of 9 Diploma January -June Sessional Structured Timed Assignment BLR 612-Labour Relations d) Elaborate on the procedure, which an employer should follow in order to effect a retrenchment process. (14 marks)