ArticleKhoemacau Copper Mining V Steward Wallace 2019-07-26Malcom Thabo GobhozaDownload PDF Back to News & InsightsDownload Full ArticleGet the complete newsletter or article in PDF formatDownload PDFAUTHOR(S)Malcom Thabo GobhozaManaging PartnerView Full Profile
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<h3>An Employer Ought To Give Good Reason Before A Dismissal And Compensation Is To Be Limited To Six (6) Months Notice: Khoemacau Copper Mining V Steward Wallace (Cacgb-102-18)</h3>
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<blockquote>The employment law scene was brought to a standstill as the Court of Appeal considered whether or not an employer had to give fair reason before terminating a contract of employment.</p><p> </blockquote>
Our very own [Mr Malcom T. Gobhoza] alongside [Mr Wame A. Tafa] fully dealt with the matter and convinced a bench of five (5) judges that fair reason ought to be given before a termination is effected.</p><p>The details of the decision generally distill to the conclusion that the industrial Court is obliged to consider a Ministerial Code of Conduct which obliges that fair reason be tendered.</p><p>On the other hand, the High Court is not obliged to require that good reason be tendered as it does not apply the Trade Disputes Act (Which is applied at the Industrial Court). Since the choice of court is on the employee, a blanket approach is for employers to give fair reason for a termination of contract as they do not know which court the ex-employee would select.</p><p><a href=http://gobhozalegalpractice.co.bw/docs/KHOEMACAU%20COPPER%20MINING.pdf>Read Judgement</a></p></div></div><div class=](http://gobhozalegalpractice.co.bw/wp-content/uploads/2021/12/Khoemacau-300x141.jpg)
