The Legal Aspect of Insidious Diseases in the Workplace: A Case Study of Jwaneng Diamond Mine in Botswana

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DOI: 10.21522/TIJAR.2014.04.02.Art027

Authors : Comfort Matthew Tanko

Abstract:

The purpose of this study is to examine the legal aspect of insidious diseases in Botswana mining sector. Sixty respondents from Jwaneng mine will take part in this study involving top management and the rest of the staff members. And they will be served with questionnaires as a primary source of data collection. The approach gives opportunity to collate, process, present and analyse data from courts and authors. In so doing the study will identify the gap and inability of workers in Jwaneng mine to file a claim for compensation when faced with insidious diseases.

Early in the life of a Motswana miner, the legal aspect of insidious diseases wasn’t necessary; because insidious diseases take a long time to manifest and most miners are not aware of their rights to compensation and so it becomes very difficult and complicated to file for a claim. Although Jwaneng mine has a good safety management record, there are instances when accidents still happen and therefore requiring some form of compensation and one way this can be done is by having it clearly stated in a contract of employment agreement. Employees may also be sensitized on their rights so they know the channels to take in seeking redress. This is aimed at ensuring there is harmony between the top management and workers in their respective endeavours.

Keywords: Botswana, Compensation, Debswana Diamond Mine, Jwaneng, legal aspect, Insidious diseases.

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