A landmark labour lawsuit is set to unfold as 821 primary school teachers unite to sue the government, demanding compensation for years of unpaid duties they claim stretched far beyond their official job descriptions.
Represented by renowned labour and employment law firm Mbikiwa Legal Practice, the teachers argue that although they are employed as Senior Teachers on salary scale C1, for years they have been carrying out duties equivalent to a higher position without receiving corresponding pay.
In court papers seen by The Midweek Sun, the teachers say they perform duties beyond their ordinary responsibilities of preparing and planning lessons in line with the national curriculum, teaching all primary school subjects, assessing learners through tests and examinations, marking scripts and issuing results to pupils.
In addition to these, they are expected by the Ministry to perform numerous additional supervisory, administrative and leadership functions that significantly exceed the scope of a normal C1 Senior Teacher.
These extra responsibilities include developing subject-specific teaching strategies, ensuring effective curriculum implementation, monitoring and evaluating the performance of other teachers within their respective subject areas, preparing detailed academic performance reports for submission to the Ministry, mentoring junior teachers and coordinating subject-specific programmes.
Some of these duties, the teachers contend, are performed after normal working hours.
The dispute dates to when government introduced the Levels of Operation structure in 2013, and they were placed on salary scale C1 despite being assigned substantially greater responsibilities than ordinary Senior Teachers.
The applicants argue that government has continued to benefit from these additional services without paying them accordingly, yet they shoulder an elevated level of responsibility compared to Senior Teachers whose work is only confined to classroom teaching and does not include supervisory, reporting or administrative duties. They further state that they possess long-standing service records, formal appointment letters and documented assignments demonstrating that they have consistently performed these additional duties over many years.
The teachers also argue that Government has already acknowledged the distinction between ordinary Senior Teachers and those carrying greater responsibilities at secondary school level, saying at Junior and Senior Secondary Schools, Government recognises this difference and created two separate positions of Senior Teacher I, remunerated at salary scale D4 and Senior Teacher II, remunerated at salary scale C1.
Despite performing comparable portfolio duties at primary school level, they say no such distinction has been created for them, labelling it unequal treatment.
The teachers are now asking the court to declare that they are entitled to be remunerated on salary scale D4 in recognition of the additional portfolio responsibilities they perform.
They further seek an order directing Government to pay them the salary difference between C1 and D4 from the date each teacher commenced performing the additional portfolio duties until the day those duties cease.
The plaintiffs also want the court to compel Government to settle those arrears within three months of judgment, including paying 10 per cent interest on all outstanding salary differences, calculated from 2016.
According to the white paper stipulating salary scales for public servants, the lowest-paid employee on the C1 scale earns around P16,000 per month, while the lowest-paid on the D4 scale receives approximately P19,000.
What this means is that the 821 aggrieved employees are seeking millions from the government.
Mbikiwa Legal Practice founder and Director, Samantha Mbikiwa confirmed that her firm is representing the teachers but declined to discuss the merits of the matter, saying it is currently before the courts.
"It is not wise to discuss matters that are already before court," she said.
Mbikiwa, however, described the lawsuit as one of the largest and most unique employment cases her firm has handled, noting that it involves an exceptionally high number of applicants.
She said her firm, which has offices in Gaborone, Palapye and Maun, has built a strong reputation in labour and employment litigation and has previously secured landmark victories that reshaped Botswana's public service.
Among those cases is Andreas Sefore v Attorney General, a Court of Appeal decision that affirmed the principle of multiple grading and titling of C-Band positions within the Botswana Public Service, significantly advancing fairness and career progression for public servants.
The firm also successfully handled Binkie Odirile v Attorney General, which was another landmark case that confirmed the legality of multiple grading for B-Band positions and further strengthened equitable employment practices across the public service.
Represented by renowned labour and employment law firm Mbikiwa Legal Practice, the teachers argue that although they are employed as Senior Teachers on salary scale C1, for years they have been carrying out duties equivalent to a higher position without receiving corresponding pay.
In court papers seen by The Midweek Sun, the teachers say they perform duties beyond their ordinary responsibilities of preparing and planning lessons in line with the national curriculum, teaching all primary school subjects, assessing learners through tests and examinations, marking scripts and issuing results to pupils.
In addition to these, they are expected by the Ministry to perform numerous additional supervisory, administrative and leadership functions that significantly exceed the scope of a normal C1 Senior Teacher.
These extra responsibilities include developing subject-specific teaching strategies, ensuring effective curriculum implementation, monitoring and evaluating the performance of other teachers within their respective subject areas, preparing detailed academic performance reports for submission to the Ministry, mentoring junior teachers and coordinating subject-specific programmes.
Some of these duties, the teachers contend, are performed after normal working hours.
The dispute dates to when government introduced the Levels of Operation structure in 2013, and they were placed on salary scale C1 despite being assigned substantially greater responsibilities than ordinary Senior Teachers.
The applicants argue that government has continued to benefit from these additional services without paying them accordingly, yet they shoulder an elevated level of responsibility compared to Senior Teachers whose work is only confined to classroom teaching and does not include supervisory, reporting or administrative duties. They further state that they possess long-standing service records, formal appointment letters and documented assignments demonstrating that they have consistently performed these additional duties over many years.
The teachers also argue that Government has already acknowledged the distinction between ordinary Senior Teachers and those carrying greater responsibilities at secondary school level, saying at Junior and Senior Secondary Schools, Government recognises this difference and created two separate positions of Senior Teacher I, remunerated at salary scale D4 and Senior Teacher II, remunerated at salary scale C1.
Despite performing comparable portfolio duties at primary school level, they say no such distinction has been created for them, labelling it unequal treatment.
The teachers are now asking the court to declare that they are entitled to be remunerated on salary scale D4 in recognition of the additional portfolio responsibilities they perform.
They further seek an order directing Government to pay them the salary difference between C1 and D4 from the date each teacher commenced performing the additional portfolio duties until the day those duties cease.
The plaintiffs also want the court to compel Government to settle those arrears within three months of judgment, including paying 10 per cent interest on all outstanding salary differences, calculated from 2016.
According to the white paper stipulating salary scales for public servants, the lowest-paid employee on the C1 scale earns around P16,000 per month, while the lowest-paid on the D4 scale receives approximately P19,000.
What this means is that the 821 aggrieved employees are seeking millions from the government.
Mbikiwa Legal Practice founder and Director, Samantha Mbikiwa confirmed that her firm is representing the teachers but declined to discuss the merits of the matter, saying it is currently before the courts.
"It is not wise to discuss matters that are already before court," she said.
Mbikiwa, however, described the lawsuit as one of the largest and most unique employment cases her firm has handled, noting that it involves an exceptionally high number of applicants.
She said her firm, which has offices in Gaborone, Palapye and Maun, has built a strong reputation in labour and employment litigation and has previously secured landmark victories that reshaped Botswana's public service.
Among those cases is Andreas Sefore v Attorney General, a Court of Appeal decision that affirmed the principle of multiple grading and titling of C-Band positions within the Botswana Public Service, significantly advancing fairness and career progression for public servants.
The firm also successfully handled Binkie Odirile v Attorney General, which was another landmark case that confirmed the legality of multiple grading for B-Band positions and further strengthened equitable employment practices across the public service.
