GOV.BW

In order to file this application, follow the steps below:

• Get a referral certificate in terms of Section 7(18) of the Trade Disputes Act from District Labour office
• Complete  statement of case form in terms of Rule 25(1) of the Rules of Court 
• Statement of case (full and detailed statement of what led to the dispute)
• Attach any necessary and relevant supporting documents to the claim (computations and letters i.e dismissal, disciplinary process and any other written communication)
• File and serve the application on the Respondent(s)
• File proof of service and wait for any response from the Respondent(s)
  • If service is through personal service the waiting period is 14 days from the date of service;
  • If the service is through registered mail, then the waiting period is 21 days form the date of postage
• Should the respondent not file any response to the claims against them within either the stipulated time under a or b above, then the matter is enrolled for a default hearing( this means that the court will only hear the applicant as the respondent has not shown any interest in the case or their silence is interpreted to mean they are conceding to owing the applicant what they are claiming)
• Should the respondent file their response, the same has to be served on the applicant and proof of such a service filed.
• Then the case become ready to be placed before the Honourable Judge for Case management.
• Application is enrolled for a hearing on a date to be decided upon by the court

The court will then hear the appeal on the date set and make its determination.

In order to file a civil imprisonment application, follow the steps below:

• Complete and file a notice of motion in term of the rules of court at the court registry.
• File a founding affidavit.
• Draft order.

The court will then hear the appeal on the date set and make its determination.

In order to file an urgent application, follow the steps below:

1. Complete notice of motion form at the Court Registry.
2.  Affidavit (stating the grounds on which render the matter urgent and the reasons why the one claims that he/she could not be afforded substantial redress in due course)-The affidavit must detail the facts upon which the applicant relies upon for relief.
3. File and serve the application on the Respondent(s).
4. File proof of service the matter is forwarded to the Judge for assessment on the papers filed as to the urgency and communicate the way forward to the Registrar(s).
5. If indeed the Judge determines on the papers filed that the case is urgent, and then a date will be set immediately and notices of set down dispatched to the parties.

The court will then hear the appeal on the date set and make its determination.

In order to file an interlocutory application, follow the steps below.

•  Get  a copy of the Court order/Judgment to the court registry.
• Complete form 3  - Notice of Motion as near as can be in terms of the schedule.
• Founding affidavit (stating the grounds on which the applicant seeks to have the order/judgment varied/rescinded).
• If it is an application for the reinstatement of the case, the applicant must file an affidavit to explain the reasons for his/her failure to appear at court as scheduled.
• File and serve the application to the respondent(s).
• File proof of service and wait for any response from the respondent(s).
• Application is enrolled for a hearing on a date to be decided upon by the court.

The court will then hear the application on the date set and make its determination.

In order to file a Review, follow the steps below:

• Get a referral certificate from District Labour office and bring it to the Industrial Court Registry.
• Complete form 3 - Notice of Motion as near as can be in terms the schedule.

1. Affidavit (stating the grounds on which the applicant seeks to have the decisions of the arbitrator set aside)

• Record of the proceedings from District Labour Office.
• File and serve the application on the Respondent(s).
• File proof of service and wait for any response from the Respondent(s).
• Application is enrolled for a hearing on a date to be decided upon by the court.

The court will then hear the appeal on the date set and make its determination.

In order to file an appeal under (1) or (2) above, follow the steps below:

• Get a certificate in terms of section 7(15) of the Trade Disputes Act 2016.
• Complete and file notice of Appeal at the Court Registry in terms of  Rule 31 of the Rules of Court.
• Attach the necessary referral certificate, transcript of the proceedings at District Labour office.
• File the transcript of the record of proceedings from District Labour Office.
• Serve the application on the Respondent(s).
• File proof of service and wait for any response from the respondent(s).
• Application is enrolled for a hearing on a date to be decided upon by the court.

The court will then hear the appeal on the date set and make its determination.