DPSM suing unions is typical – BFTU
Innocent Selatlhwa | Monday September 11, 2023 06:00
On the other hand, the Botswana Federation of Trade Unions (BFTU) is advising trade unions to be prepared for such situations. In a statement, Ketlhalefile Motshegwa, the deputy secretary-general of BOFEPUSU, expressed concern about the deteriorating state of industrial relations within the public service.
He highlighted a new and unprecedented pattern where employers are resorting to legal action to compel workers to perform tasks without proper negotiations on their terms of employment and working conditions.
“This marks an epoch of unilateralism and disregard for trade union rights and workers' welfare, a culture ushered and marshalled by the new director of DPSM Gaone Machola, whose agenda is that of weakening unions through shrinking the social dialogue space with an iron fist for forced labour," said Motshegwa. “This is exacerbated by the director's lack of experience in the public service sector, hence the lack of progress on most matters in the sector such as the implementation of PEMANDU, registration of the Public Service Bargaining Council, and the implementation of Collective Labour Agreements."
Motshegwa cited specific instances, including DPSM's legal move to prevent doctors from refusing emergency calls beyond regular working hours without adequate compensation, which the union views as a violation of workers' rights.
Additionally, he mentioned the Ministry of Health's imposition of regulations, forcing nurses to take on non-nursing duties without corresponding increases in remuneration. The unionist also highlighted a case where DPSM, through the Ministry of Education and Skills Development, obtained a court order to prevent teachers (BOSETU) from refusing to perform coursework, claiming that effective negotiations for remuneration regarding exam invigilation and related processes were lacking. Despite these challenges, Motshegwa affirmed the commitment of the labour movement to continue fighting for workers' rights, advocating for their protection, advancement, and overall welfare.
On the other hand, BFTU expressed a different perspective. While acknowledging that it's uncommon for the government to take employees to court, they emphasised that it's a legitimate avenue available to both parties in dispute resolution. “There are two things that we should be aware of. If the process is followed as per the Dispute Resolution Act, we as the federation, support that such a process be followed. I understand when it is government, we forget that it is within the government’s right that as an employer when they have to go to court, they do so to resolve a live dispute. It is the same route the employees would follow and we have no qualms if done within the confines of the law,” BFTU secretary-general, Thusang Butale, said. Butale encouraged trade unions to prepare for potential legal challenges.
He suggested that this trend, which is emerging in the public sector, could also spread to the private sector as employers recognise the possibility of pursuing similar actions. He pointed out that private sector employers often proceed with their proposed actions during disputes, attempting to compel unions into mediation.
Therefore, he advocated for changes in the law to enable the council to form committees that can award union recognition, rather than unions pursuing recognition independently. "An employer when aggrieved, could then pursue through going to court or other means of dispute resolution and pursue the recognition so that both parties can engage and go forward,” he said. He acknowledged the current actions being taken but believed they align with the dispute resolution process, emphasising the need for trade unions to prepare for both positive and negative outcomes when employers resort to legal actions. Butale noted that when unions assert their influence and stand up for workers' rights, employers may resort to legal actions.
Therefore, comprehensive training and preparation are essential for unions to effectively navigate these developments. "If government is taking up issues, it is because unions are standing up. When unions stand up and exert their power, employers start feeling it and pursue matters through court,” he stated.