Botswana Land Boards Local Authorities and Health Workers Union (BLLAHWU) has served government with a statutory notice to sue over alleged flawed contractual agreement.
The Union which intends to sue the Ministry of State President argues 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 argues 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.
Moahi Attorneys in a Statutory Notice dated July 5th 2023 addressed to the Attorney General, stated that the letter constitutes statutory notice 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. Clients 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 pointed out that these anomalies and inconsistencies violate the parity principle in that equally circumstanced people are accorded differential treatment in the workplace.
He said further thereto the 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 said.
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's Ketlhalefile Motshegwa stated that on the 21st March 2023, the union delivered a comprehensive letter to the Permanent Secretary in the Ministry of State President and
Permanent Secretary in the Ministry of Entrepreneurship detailing the serious grievances of Poverty Eradication Officers/Wealth Creation Officers in relation to their scales and progression, bordering on unfair labour practices, and the letter is herewith attached.
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, and the declaration is herewith attached.
“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.
The Union which intends to sue the Ministry of State President argues 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 argues 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.
Moahi Attorneys in a Statutory Notice dated July 5th 2023 addressed to the Attorney General, stated that the letter constitutes statutory notice 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. Clients 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 pointed out that these anomalies and inconsistencies violate the parity principle in that equally circumstanced people are accorded differential treatment in the workplace.
He said further thereto the 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 said.
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's Ketlhalefile Motshegwa stated that on the 21st March 2023, the union delivered a comprehensive letter to the Permanent Secretary in the Ministry of State President and
Permanent Secretary in the Ministry of Entrepreneurship detailing the serious grievances of Poverty Eradication Officers/Wealth Creation Officers in relation to their scales and progression, bordering on unfair labour practices, and the letter is herewith attached.
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, and the declaration is herewith attached.
“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.
