Another massive court victory for nurses
Innocent Selatlhwa | Monday March 28, 2022 06:00
Justice Galesite Baruti of the Francistown Industrial Court has ruled in favour of nurses over the Call to Duty Policy. Following failure to reach common ground from engaging the employer, the Department of Labour, and eventually getting a certificate of failure to settle from the Commissioner of Labour, the matter was heard by the Industrial Court to determine the outcome.
The nurses wanted government to discontinue Call to Duty, where they are expected to report to duty when required to do so beyond their working hours. Through BONU, the health workers argued that Call to Duty is illegal, encroaches on nurses' rest period and exposes them to abuse by the Directorate of Public Service Management (DPSM). While government argued that the arrangement is catered for in their fixed 30% overtime allowance, nurses said it is not a reason enough as they also work overtime hours. Justice Baruti ordered that the entire time that nurses and midwives are rostered to be on call constitutes working time for which they must be paid for; the time that a nurse or a midwife accompanies a patient on referral from one medical facility to another medical facility, and back, constitutes working time for which he or she must be paid for.
He further said the employer shall “when computing overtime entitlement for nurses and midwives take into account the time they are rostered to be on call and shall fully comply with Section 95(5) of the Employment Act and; the time that a nurse or a midwife accompanies a patient on referral from one medical facility to another medical facility, and back". Justice Baruti further said where the overtime worked exceeds the 30% commuted overtime allowance, the nurses or midwives so entitled shall be paid the excess after the overtime has been calculated using the formula stipulated in Section 95(5) of the Employment Act. Mboki Chilisa represented BONU while the Attorney General represented DPSM.
BONU spokesperson Aobakwe Lesolame said they were happy with the outcome. “We are happy with the judgement on the matter as we feel nurses, especially in rural settlements have been getting a raw deal for a long time now. While other people work eight hours, nurses are expected to offer services as and when there is a patient who needs to be attended to without being compensated,” he said. Lesolame said they are still in discussion with government on several matters.
“We have an issue where government is delaying the promotions of some nurses. If the same is not implemented, we will be back in court in May. We are also engaging whereby nurses lose their 30% fixed overtime when they go for maternity.
That is wrong and if we fail to reach an agreement, we will seek legal intervention,” he said, adding that they are currently busy with issues around the Bargaining Council. BONU also emerged victorious at the Maun High Court securing registration with the Botswana Health Professionals Council (BHPC) for public health nurses who were initially excluded.