JUDGMENT!
Armstrongs’ Senior Associate, Temwanani Karen Phiri, successfully represented Botswana Power Corporation in defending claims for unfair dismissal by two applicants.
The Judgment clarifies the position, that in terms of Section 26 (1) of the Employment Act, if there is an unreasonable delay in instituting disciplinary process, the employer only waives its right to summarily terminate employment. The Court rejected the argument of the Applicants and held that the employer does not waive its right to hold a disciplinary hearing or discipline the employee altogether.
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