Botswana Notice & Unfair Dismissal Calculator

Under Section 18 of the Botswana Employment Act (Cap. 47:01), the notice period cannot be shorter than the employee's wage period. For employees paid monthly, the statutory minimum notice period is one (1) full month. For employees paid fortnightly, it is two weeks; for weekly employees, one week. Contracts or collective agreements may stipulate longer notice periods.

Section 19 allows either party to terminate an employment contract immediately without waiting out the notice period, provided they pay the other party a sum equal to the basic wage that would have been payable during the notice period.

Under Section 24 of the Trade Disputes Act, the Industrial Court considers: (1) whether the dismissal lacked substantive justification; (2) whether the employer breached fair procedural standards; (3) the employee's length of loyal service; and (4) the employee's financial loss and job search mitigation. Awards typically range from 2 to 6 months' salary, reaching up to 12 months in aggravated cases.

Substantive unfairness means the employer had no valid, legal reason (such misconduct, incapacity, or genuine operational redundancy) to dismiss the employee. Procedural unfairness occurs when a valid reason may have existed, but the employer failed to follow fair procedure (e.g., denying the right to a disciplinary hearing, representation, or fair notice of charges).

Yes. Reinstatement is the primary remedy provided under the Trade Disputes Act where a dismissal is found substantively unfair, provided the employment relationship has not broken down irretrievably. Where reinstatement is impractical, financial compensation is awarded.