Unions seek two percent intra-grade differential implementation
Goitsemodimo Kaelo | Wednesday April 22, 2026 06:00
The unions: Manual Workers, Botswana Public Employees Union (BOPEU), Botswana Sectors of Educators Trade Union (BOSETU), Botswana Teachers Union (BTU), Botswana Nurses Union (BONU), want the court to compel the employer to make good all arrear salary payments due to affected public service employees arising from failure to maintain the two percent intra-grade and intra-grade differential.
They cite multiple commission reports and government directives, including Directive No.1 of 2008, which they say entrenches a two percent incremental progression across grades. The unions argue that these differentials are meant to preserve clear distinctions between salary notches and grades.
Notwithstanding this, the unions say the government has failed, refused, and/or neglected to maintain the grade differentials. The unions argue that whilst intended to improve earnings at the lower end, the 2022 decision to introduce a minimum salary of P2,500 for employees on the A3 scale, alongside a five percent across-the-board increment applied over three consecutive financial years, the adjustments allegedly distorted the long-standing grading system.
The unions contend that no corresponding upward revisions were made to higher salary grades, resulting in overlaps between A3 and A2 levels. In some cases, employees in junior positions are said to be earning salaries equal to or higher than their supervisors, a situation described as inconsistent with the hierarchical structure of the public service.
The applicants further maintain that the differential system is not merely administrative, but a contractual and policy-based entitlement.
The unions state that during the 2025–2026 collective bargaining process, the government is said to have acknowledged that the directive creates enforceable rights for public servants.
'Further, on June 30, 2025, the second Defendant entered into a Collective Labour Agreement with the Botswana Land Boards and Local Authorities Health Workers Union, wherein the government conceded and confirmed that Directive No. 1 of 2008 created a binding entitlement for public service employees to be remunerated in accordance with the two percent intra-grade differential,' the unions said in the court papers.
Despite these acknowledgements, the applicants allege that the Government has failed to implement the required adjustments, resulting in underpayment and loss of earnings.
'Notwithstanding these acknowledgements and undertakings, the Government has failed, refused, and/or neglected to give full effect to the lawful directives and collective labour agreements, thereby unlawfully withholding remuneration that is due and owing to public service employees in accordance with the established pay structure and statutory obligations.'
They argue that this amounts to a breach of employment contracts and an unlawful unilateral variation of conditions of service. Furthermore, the unions also raise concerns about what they describe as selective rectification of salary disparities. They refer to Directive No.2 of 2017, which adjusted salaries for a limited group of senior office bearers, including members of the judiciary and top government officials.
Whilst the directive aimed to correct historical inconsistencies, the unions contend that similar corrections were not extended to the broader public service. They argue that this selective approach constitutes unequal and discriminatory treatment, contrary to Section 7 of the Public Service Act.