Termination does not require a stated reason — but procedure does apply

Botswana's approach to termination is more permissive than many neighbouring systems in one respect and quite structured in another.

No specific reason required

Terminations in Botswana do not necessitate a specific reason. Either party may end the contract, provided minimum notice is given or paid in lieu.

The exception is where the employee is engaged in serious misconduct, in which case summary dismissal without notice is possible.

But fair procedure still applies

Before dismissal — other than summary dismissal for serious misconduct — the employer must follow a fair disciplinary procedure, including:

• Providing the employee with notice of the charges
• Giving an opportunity to respond

So while the reason need not be stated in the way some systems require, the process is not optional.

Notice periods

Notice depends on the wage period and length of continuous service. Where wages are payable for a period exceeding one week but less than two, and the employee has two to five years of continuous service, the minimum notice is two weeks.

The Employment Act sets out the full scale in sections 17, 18, 19 and 26.

Payment in lieu

Either party may terminate an indefinite-term contract by paying the other the wages that would have accrued during the minimum legal notice period.

Where notice has already been given, the contract can be ended before the notice expires by paying the balance of the basic pay that would have accrued.

Summary dismissal

Permitted without notice only for serious misconduct such as dishonesty, violence or gross insubordination.

What is due at termination

All outstanding payments must be settled promptly: final salary, accrued leave, severance where applicable, and any outstanding bonuses, commissions or allowances.

What to do if you are dismissed

Establish whether a disciplinary process was followed, whether charges were put to you, and whether you were given a chance to respond. Those procedural questions matter even where no reason was formally required.