Botswana Nurses Union (BONU) has resolved to enforce strict adherence to the court ruling on a longstanding dispute between the Director of Public Service Management (DPSM) and the Botswana Nurses Union (BONU).
According to a press release by BONU National Publicity Secretary Kenosi Mogorosi, nurses and midwives rostered for on-call duty are no longer required to remain within the vicinity of their workstations during their free time. They are free to travel or use their time as they see fit.
This is because on November 16, 2023, the Court of Appeal (CoA) ruled on a longstanding dispute between DPSM and BONU. The judgment in the matter established a clear distinction between active and non-active on-call duty for nurses and midwives.
Furthermore, it is stated that healthcare workers are obligated only to answer calls and communicate their location when called upon.
The Ministry and DHMT will be responsible for arranging transportation to ensure they can attend to their duties and nurses and midwives are not required to use personal resources or transportation to
travel to workstations while on-call.
Mogorosi explained that due to the court case outcome, nurses are only considered to be working when they are physically present at their workstations.
Time spent waiting to be called, while rostered as on-call, is not deemed to be work and therefore does not qualify for remuneration or compensation.
The decision has exposed an inconsistency in the treatment of public service employees who provide essential services.
Unlike nurses and midwives, other employees in similar roles reportedly receive overtime allowances and standby pay for time spent beyond their normal working hours.
He stated that the CoA acknowledged the issue and emphasised the necessity of negotiation between BONU and the Ministry to establish a framework for compensating nurses and midwives for their on-call time.
Despite repeated calls from BONU for dialogue, the Ministry has reportedly refused to engage in negotiations or develop clear guidelines regarding on-call duties.
The Ministry's position appears to rely on the justification that the 30 percent commuted allowance already compensates for on-call time, a claim BONU has strongly refuted.
The Ministry of Health (MoH) released a press statement in response to BONU’s bold stance which advises nurses to continue performing all call to duty functions as before.
Not doing so, will be in violation of not only their conditions of service, but also their professional conduct and ethical obligations to the patient.
On January 24, 2025, BONU issued a press statement reaffirming its position and addressing concerns raised by the Ministry of Health.
BONU emphasised that the Court of Appeal's judgment grants nurses and midwives the freedom to use their time as they see fit when not physically present at their workstations.
The Union stressed that any attempts by the Ministry to impose obligations on on-call staff without appropriate negotiations would be resisted.
Mogorosi stated that the Ministry’s recent statements were a desperate attempt to deflect from its failure to resolve the matter through proper channels.
Mogorosi reaffirmed that BONU has not incited nurses or midwives to neglect their duties but has instead called on them to align their actions with the Court’s ruling.
The Union remains steadfast in its demand for the Ministry to negotiate a fair and equitable framework that eliminates exploitative practices.
While BONU acknowledges the potential for public inconvenience arising from strict adherence to the ruling, the Union maintains that this approach is necessary to compel the Ministry to address the welfare of nurses and midwives.
The Union has reiterated that the ethical obligations of healthcare professionals should not be exploited to justify unfair labour practices.
Mogorosi said that BONU has called on its members to remain resolute and fearless in their pursuit of fair treatment.
Until the Ministry agrees to negotiate and establish clear guidelines for on-call duties, nurses and midwives will continue to exercise their rights as defined by the Court of Appeal.
According to a press release by BONU National Publicity Secretary Kenosi Mogorosi, nurses and midwives rostered for on-call duty are no longer required to remain within the vicinity of their workstations during their free time. They are free to travel or use their time as they see fit.
This is because on November 16, 2023, the Court of Appeal (CoA) ruled on a longstanding dispute between DPSM and BONU. The judgment in the matter established a clear distinction between active and non-active on-call duty for nurses and midwives.
Furthermore, it is stated that healthcare workers are obligated only to answer calls and communicate their location when called upon.
The Ministry and DHMT will be responsible for arranging transportation to ensure they can attend to their duties and nurses and midwives are not required to use personal resources or transportation to
travel to workstations while on-call.
Mogorosi explained that due to the court case outcome, nurses are only considered to be working when they are physically present at their workstations.
Time spent waiting to be called, while rostered as on-call, is not deemed to be work and therefore does not qualify for remuneration or compensation.
The decision has exposed an inconsistency in the treatment of public service employees who provide essential services.
Unlike nurses and midwives, other employees in similar roles reportedly receive overtime allowances and standby pay for time spent beyond their normal working hours.
He stated that the CoA acknowledged the issue and emphasised the necessity of negotiation between BONU and the Ministry to establish a framework for compensating nurses and midwives for their on-call time.
Despite repeated calls from BONU for dialogue, the Ministry has reportedly refused to engage in negotiations or develop clear guidelines regarding on-call duties.
The Ministry's position appears to rely on the justification that the 30 percent commuted allowance already compensates for on-call time, a claim BONU has strongly refuted.
The Ministry of Health (MoH) released a press statement in response to BONU’s bold stance which advises nurses to continue performing all call to duty functions as before.
Not doing so, will be in violation of not only their conditions of service, but also their professional conduct and ethical obligations to the patient.
On January 24, 2025, BONU issued a press statement reaffirming its position and addressing concerns raised by the Ministry of Health.
BONU emphasised that the Court of Appeal's judgment grants nurses and midwives the freedom to use their time as they see fit when not physically present at their workstations.
The Union stressed that any attempts by the Ministry to impose obligations on on-call staff without appropriate negotiations would be resisted.
Mogorosi stated that the Ministry’s recent statements were a desperate attempt to deflect from its failure to resolve the matter through proper channels.
Mogorosi reaffirmed that BONU has not incited nurses or midwives to neglect their duties but has instead called on them to align their actions with the Court’s ruling.
The Union remains steadfast in its demand for the Ministry to negotiate a fair and equitable framework that eliminates exploitative practices.
While BONU acknowledges the potential for public inconvenience arising from strict adherence to the ruling, the Union maintains that this approach is necessary to compel the Ministry to address the welfare of nurses and midwives.
The Union has reiterated that the ethical obligations of healthcare professionals should not be exploited to justify unfair labour practices.
Mogorosi said that BONU has called on its members to remain resolute and fearless in their pursuit of fair treatment.
Until the Ministry agrees to negotiate and establish clear guidelines for on-call duties, nurses and midwives will continue to exercise their rights as defined by the Court of Appeal.
