BLLAHWU, employer reach settlement over contractual flaws
Botswana Land Boards Local Authorities and Health Workers Union (BLLAHWU) and government have reached an agreement over contracts for Poverty Eradication officers.
The union had earlier served government with a statutory notice to sue over alleged flawed contractual agreement.
The union and the Ministry of Entrepreneurship appeared before the District Labour Commissioner in Gaborone where they reached a settlement.
The parties resolved the dispute by agreeing that the ministry will from the 1st of December 2023 rectify the active fixed term contracts for former eligible Poverty Eradication Officers, ensuring equal treatment for all individuals without any form of segregation.
The rectification will be retrospective to 1st of November 2022.
The Union had notified to sue, arguing that following a resolution to extend contracts of Poverty Eradication Officers, there were some inconsistencies as some officers were notched at C3 others at C1 and others leapfrogged from C4 to C2.
The union argued that this on its own contradicted the principle of equal job, equal pay and further defeats the principle of seniority as newly-appointed officers are now paid more than the experienced officers.
In a Statutory Notice dated July 5th 2023 addressed to the Attorney General, Moahi Attorneys said they intend to sue in line with the provisions of the State Proceedings Act.
“Client has several members employed as Poverty Eradication Officers under the Ministry of Presidential Affairs, Governance and Public Administration.
“Client advises that its members are employed on contractual terms. Client advises that a resolution was taken to extend Poverty Eradication Officers contracts from one-year contracts to two-year contracts.
“After the said resolution, the employer in implementing same contravened the law and was inconsistent as follows: Some officers were notched at C3, whilst others were at C1; some officers were leapfrogged from C4 to C2; and newly appointed officers were placed at higher scales than those of their counterparts they found in employment”, attorney Chabuya Lowani said in the Notice.
He said these anomalies and inconsistencies violate the parity principle in that equally circumstanced people are accorded differential treatment in the workplace.
Consequently, he said such conduct violates the Public Service Act, particularly Sections 7(c) &(e) as those who are given lower salaries are being treated unfairly and being discriminated against.
“Further thereto as it relates to those who are leapfrogged to earn more than those with experience, such conduct violates Section 14 of the Public Service Act, as it is clear that advancement shall be based on a proven track record of performance.
“Client advises that the employer had undertaken to address the above cited anomalies, however after several demands including through written correspondence, the employer is yet to do the needful”, Lowani wrote.
He explained that the union has instructed that the lawfirm demand that the said anomalies be corrected within a period of 30 days and “client affected members be paid their salary arrears thereto.”
According to Lowani, in the event of refusal to accede to their demands they hold instructions to approach court after elapse of 30 days to seek declaratory orders that will compel the employer to correct the anomalies and act within the confines of the law.
In a letter written to Regional and Branch committees, BLLAHWU Ketlhalefile Motshegwa stated that on the 21st of March 2023, the union delivered a comprehensive letter to the Permanent Secretary of Ministry of State President and Permanent Secretary of Ministry of Entrepreneurship detailing the serious grievances of Poverty Eradication Officers/Wealth Creation Officers in relation to their scales and progression, which bordered on unfair
labour practices.
He explained that upon noting failure by the Permanent Secretaries to provide response, on the 26th April 2023, they declared a dispute before the Commissioner of Labour for alternative dispute resolution on the matter, and they indicated that they will issue a date, once a mediator has been appointed.
“Noting that there is delay at the Commissioner of Labour, today we served a statutory notice to the Attorney General to prepare a law suit against the Ministry of Entrepreneurship, and Ministry of State President on the dispute at hand pertaining to the benefits and welfare of Poverty Eradication Officers/Wealth Creation Officers and the notice is herewith attached,” Motshegwa said.