The Legal Aspect of Insidious Diseases in the Workplace: A Case Study of Jwaneng Diamond Mine in Botswana
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.
References:
[1]. Bruck,
the Armies of Asbestosis Am.Law.org.
[2]. 3d Circuit
Hears, three hours of Arguments on school Class Action Appeals, Abestosis litigation
Rep. (Andrews) 11,80, 11,481 (Jan 17 1986).
[3]. Comments
Developments in the law-statutes of Limitations, 63Harv.L. Rev 1777 (1950).
[4]. GAO, Report
To chairman, Committee on Education and Labour, House of Representative, Asbestosis:
Growth of Federation costs 20 (1988).
[5]. Liability
Insurance for Insidious Diseases who picks up the tab? 48 Fordham L. REV.651 (1988)
[6]. Michael
D Green, The Paradox of Statutes of Limitations litigation, 76 CAL. L. REV, 965.
[7]. Pollock
and Maitland, History of English Law 81 (2nd ed. 1898).
[8]. R. Klien,
Year Report on the 1986 Asbestos litigation in Philidphia County.
[9]. Rosenberg,
the Casual connection in Mass Exposure Cases: A public Law Vision of the Tort System,
97 Harv. L. Rev. 851, 851-59 (1984).
[10].
STD/SHE/SHE/017 Mar 8th 2012.
[11].
State of Limitations in cases of Insidious
Diseases Cleveland State law Review, Engagedscholarship@csu 1963.
[12].
The Botswana Gazette, Wednesday 30th
August 2017.
[13].
Sohn, the Institute of Roman law 318-22 (3rd
ed. 1907).
Cases
[14].
Borel v Fibreboard Paper Prods Corp 493 F.2d
106 (5th Cir.1973).
[15].
Urie v. Thompson 337 U. S. 153 (1949).
Internet sources
[16].
http://medlineplus.gov.
[17].
http://en.m.wikipedia.org.>wiki>jwaneng.
[18].
www.debswana.com.
[19].
http://scholarship.law.berkeley.edu/californialawreview/vol76/iss5/1doi.
[20].
http://definations.uslegal.com/m/manisfestationtheory.