Botswana Mine Workers Union (BMWU) has informed the management of Debswana Mining Company of their intention to take legal action against the company for violation of its employees’ constitutional right to privacy and impairment of their dignity.
“The Union also intends to assert its personality rights under section 5 of the Data Protection Act by invoking the protection of the Data and Information Protection Commissione. BMWU further intends to apply as a friend of the Court (amicus) in the Debswana vs Infotrac appeal case”.
This follows a recent case in which the Gaborone High Court Justice Abednico Tafa ruled in favour of the union against procurement of spying equipment from Infotrac Pty Ltd. Debswana has revealed its intentions to appeal the judgment.
The Union argues that Debswana failed to disprove that it procured the equipment to pry on its employees and Union officials without their consent, in breach of collective agreements between the company and the Union.
“The collective agreement concluded between the Union and Debswana, places an obligation on each party to respect another’s right to privacy. This is to ensure harmonious industrial relations. It is clear that the spying of workers was not pursuant to a court order, therefore Debswana’s conduct was wrongful. The company also failed to adduce evidence refuting Infotrac’s allegations,” says a press statement from the union.