Junior Managers who were unfairly dismissed by Barclays Bank of Botswana in 2012 are waiting with baited breath and pinning hopes on the decision of high court Judge Lakhvinder Singh Walia after a full bench of five Court of Appeal (CoA) provided guidance on the calculation of damages on Thursday. The case had been referred to the CoA by Justice Walia because the computation of damages was beset by difficulty created by conflicting decisions of the court, after the quartet successfully sued Barclays for damages emanating from wrongful dismissal. Now the honours are on Justice Lakhvinder Singh Walia to determine the most suitable calculation of the damages due to the applicants in accordance with the guidelines provided by the CoA. The judges explained the four different contracts which could be entered into between the employer and an employee, discernible in the Trade Disputes Act under different scenarios in a case of unfair dismissal. These are; A contract for a specified period which contains no notice provision; a fixed term contract which does not contain a notice provision; a contract for an unspecified period which contains no notice period and A contract for an unspecified period which contains a notice period.…
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