Agric ministry backtracks on cutting vets' allowance
Mpho Mokwape | Tuesday October 4, 2022 06:00
The ministry through the Department of Veterinary Services had reportedly on August 31 decided to stop the allowance against its 21 veterinary doctors with immediate effect.
The aggrieved doctors took their matter to court urgently accusing the Director of the Veterinary Services of taking such a decision abruptly and without consultation.
Following talks, the parties agreed to settle out of court and through a consent order issued by Lobatse High Court judge Rueben Lekorwe, the director’s decision to terminate the allowance was rescinded in a court order. “In a full and final settlement of this matter the Director of Veterinary Services’ decision of August 31, 2022, is hereby rescinded.
The director also reinstates the doctors’ 15% commuted overtime allowance with immediate effect,” reads the consent order. Meanwhile, the legal dispute between the applicants who are referred to as Veterinarians, Animal Doctors, or Animal Surgeons was that the decision by the director to terminate the payment of 15% commuted overtime allowance which they had always enjoyed was unprocedural.
In the founding affidavit of Dr Prudence Madiabaso, she said the decision was made on August 31 and it was only communicated to some of them after September 8 while some, up to the filing of court papers, had not received their letters yet.
“The court would note that some of the applicant’s letters are missing and it is because they were not delivered to them yet by the time of filing this application and this is despite the assurance by the director that they would receive same timely. In fact, five applicants didn’t have theirs by the time of filing this application,” she said.
She explained that the commuted overtime allowance was made an integral part of their contracts of employment and was effected by signing a consent form with the designated senior officer on behalf of the government.
Madiabaso pointed out that though the employer held the discretion to suspend or terminate the allowance, it was clear from the signed consent forms that they were entitled to the payment commuted overtime allowance since the director didn’t terminate it procedurally. “While there is no doubt that the employer enjoys the discretion of either to terminate or suspend the applicants’ commuted overtime allowance, it is our case that it could only do so procedurally and within the bounds of the law,” she explained.
She argued that the director was duty-bound to consult them before they could terminate commuted overtime allowance.
The doctors said it was their position that the director ought to have consulted with them before they could make such an adverse decision as the consultation was a pre-requisite and cardinal for purposes of finding and agreeing on perhaps the most suitable date for termination. “Consultation was critical to allow us to prepare our minds for the impending financial change and adjustment.
An abrupt change would and has indeed caused the applicants financial depression already,” pointed out the veterinarians.