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Subrat SaurabhAuthor of Kuch Woh PalThis book discusses the law related to unfair dismissal in Botswana. It makes it clear that an employer is not free to dismiss an employee whenever they feel like doing it. The law requires that an employee may only be dismissed for a valid reason, and even then a fair procedure must be followed. It follows from the above that a dismissal would be unfair if there is no valid reason or fair procedure or both. The principle of ‘fairness’ is unique to labour law and does not necessarily apply to other areas of the law such as the law of contract. Misconduct is the most common reason for dismissal, but there are also other grounds such as poor performance at work, redundancy, incompatibility and incapacity, which attract their own requirements. This book, by a former leading judge of the Industrial Court of Botswana, is easily the most authoritative on the subject to date in the context of Botswana. It is a useful practical guide to employees, employers, trade unions, employers organizations, HR practitioners and law students.
Oagile Bethuel Key Dingake
Justice Dingake holds a PhD in Law from the University of Cape Town. He is a sitting judge of the national and supreme courts of Papua New Guinea. He is a former judge of the Court of Appeal of Seychelles and the industrial and high courts of Botswana. He is also a judge of the Residual Special Court of Sierra Leone. He is a distinguished and decorated scholar. He is the chancellor of ABM University College in Botswana, an honorary professor of Law at the University of Cape Town and an adjunct professor of Law at James Cook University (JCU) in Australia.
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