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Question 3 |25 marks) Bolokwe vs. Botswana Building Society) Bolokwe was employed as a security guard by Botswana Building Society. The employer wanted to
Question 3 |25 marks) Bolokwe vs. Botswana Building Society) Bolokwe was employed as a security guard by Botswana Building Society. The employer wanted to transfer him to Serowe branch. Bolokwe tried to persuade his employer to consider his circumstances first which included his family problems. The employer did not find his reasons to be sufficient and thus it insisted that he should go to Serowe. Bolokwe was not refusing or resisting the employer's order but he wanted his side of story to be considered also in implementing the transfer. Since the employer insisted, he must go on transfer he had no option but to resign his job by giving a month's notice. Despite this, the employer insisted that he was to serve the months' notice in Serowe. Bolokwe refused to go to Serowe and was charged by the employer for refusing to obey a lawful order. The employer summarily dismissed him and Bolokwe took his matter to the Industrial Court seeking relief for unfair dismissal. a) As a Judge in Court, what judgement will you deliver on the above case? (6 marks) b) Outline 5 factors to consider in assessing compensation to be paid for wrongful dismissal. (5 marks) c) Elaborate on the Section from Employment Act that explains wrongful dismissal. (6 marks) d) Discuss the remedies of unfair dismissal. (8 marks)
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a The Judge would likely find in favour of Bolokwe as he had a valid reason for refusing t...Get Instant Access to Expert-Tailored Solutions
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