Diamond Trading Company Botswana has lost with costs a case in which the company was sued by 22 employees for denying them cost of living adjustments (COLA) extended to staff in 2008.
Judge David Newman, ruled that in addition to those that have already benefitted from the increment the 22 employees also deserved to paid the 17 per cent COLA and and a 10 percent of their basic salary on shift allowance.
The workers' union Botswana Diamond Workers Union (BDWU) was represented by Tshiamo Rantao while Collins Newman&Co represented DTC. The two parties had agreed on the 24th of October 2008, that workers across board will be given a 17 percent annual increase on their cost of living effective 1st of April 2008.
During implementation DTC excluded the 22 saying they are not affected by the agreement as they were employed after the date on which it was reached. DTC argued that employees appointed in the period between 1ST January 2008 and 31st March 2008 do not qualify for the increment as it is company policy that employees who have been in the post for three months or less will not get any salary increase.
Rantao successfully argued that DTC management erred by not extending the 17 percent salary increment to all staff across the board. Agreeing with the arguments by Rantao over the interpretation of the agreement between the parties Judge Newman has ordered DTC to implement the order within 21 days.