UNIVERSITY OF BOTSWANA
DEPARTMENT OF LAW
LAW 334 EMPLOYMENT LAW
TEST 1
INSTRUCTIONS:
1. There are TWO questions. Answer ONE question.
2. Credit will be given for:
(a) eAective arrangement and presentation;
(b) clarity of explanation;
(c) eAective use of relevant authorities;
(d) logical argument; and
(e)clear and concise English.
3. Your answer must not exceed 5 pages, including bibliography. Font Arial: 12; Spacing: 1.5
4. Hard copies of the assignment should be submitted
in Block 230 oAice 119 on Friday 12th September 2025 between 10am and 12noon by
elected group leaders.
5. Use the Oxford University Standard for Citation of Legal Authorities (OSCOLA)
referencing style.
QUESTION ONE
Kopo, who was previously employed by Dr Fruits & Veg. for close to ten years as
a sales Representative, was employed by Tswii Fresh Produce in January 2024
as a sales representative. He travelled all over the country selling and delivering
fresh produce and dairy products. His contract provided that he was to be paid
a basic salary, transport allowance and a commission in addition to his salary.
In July 2025, without any consultation, the management of Tswii Fresh Produce
changed the company’s commission structure to align it with the long -standing
tradition and practice of fresh produce companies in Botswana. Accordingly,
Kopo was entitled to his commission for goods sold and actually paid as
opposed to commission on goods sold. Kopo was never warned about the
change in the commission structure. As a result he was very unhappy and
annoyed about the change and he reported management to the Labour ONice
after he was summarily dismissed from employ.
The Group Personnel Manager of Tswii Fresh Produce informed the Labour
ONicer that Kopo did not reach his sales target because his whole attitude
changed dramatically in July when he went on a go-slow which resulted in many
clients complaining about orders being delivered late and his unpleasant
attitude which resulted in the respondent losing several clients. The Group
Personnel Manager said that Kopo was verbally warned numerous times about
his unsatisfactory work performance. Kopo asserted that that he was never
warned nor counseled about poor work performance. He denied the go-slow,
the change in his attitude and that he had called the general
manager a racist.
Kopo further argued that he was performing duties accordingly only that the
Company wanted to force him to agree to the proposed changes in the
commission structure. In response, the Group Personnel Manager adduced
evidence to the eNect that there was a general market practice or
understanding that Sales Representatives like Kopo will be paid commission
only on goods sold and paid for, as opposed to goods sold. Further that Kopo
could not complain to the company’s change in the commission payment
structure as he has been aware of it all along. The Manager also accepted that
Kopo’s performance was largely aNected by the new purchasing software
which Kopo did not know how to operate.
The senior partner in the law firm you are clerking for has since instructed
you to write her a brief on the contentious issues emanating from this case.
[20 marks]
QUESTION TWO
It is the prerogative of the employer to bring about changes to terms and conditions of
an employment contract.
Discuss.
[20 Marks]