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BURS wins, for now

BURS and BOPEU at Industrial Court.Pic.Kagiso Onkatswitse
 
BURS and BOPEU at Industrial Court.Pic.Kagiso Onkatswitse

“Majority of the employees who comprised the striking populace of our team voluntarily signed commitment letters to return to work with immediate effect. 

We welcome them back to the fold so that we, as a team, may ensure a concerted focus on serving Batswana.  As of Friday 21st August 2015, there was only one employee who had not yet signed the commitment letter, due to being on leave,” read the BURS statement.

Yesterday evening, BURS communications manager, Refilwe Moonwa told Mmegi that reports that the returning workers were on a go-slow were untrue.

“They are there full time, there is no go-slow,” she said.

The one-month strike is however still simmering, as the present calm depends on the outcome of an Industrial Court suit against BURS, brought by the Botswana Public Employees Union (BOPEU).

BOPEU is charging that the BURS intimidated workers by by-passing the union and ‘forcing workers’ to sign the commitment letters on threat of lock out from offices. The Union says that the revenue agency violated laid down strike rules. The case, which is before Industrial Court judge, Tapiwa Marumo, was postponed for the second time yesterday morning.  Marumo reportedly does not have a court of her own but relies on any court available to hear her cases.

BOPEU had brought the case as an urgent application, arguing that the trickle back of striking workers was the result of intimidation by BURS. After three hours of waiting at the Industrial Court yesterday morning, it was communicated to all parties that Marumo could not hear the case. BOPEU secretary general, Topias Marenga reiterated the union’s position that the commitment letters were forced.

“I can confirm that the workers are back at work because they signed the letters, but the letters were not genuinely signed as workers were under pressure and being threatened.

“We did not support the move by the BURS management to go behind our backs and intimidate workers by threatening them with lock out. However, we advised the workers to sign the letters so that they could challenge the matter the legal way,” he said.

Marenga charged that the letters were written without engaging the union and were issued while the talks were ongoing, thus breaking the laid down strike rules.

The commitment letters read: “I confirm that I wish to voluntarily approach management with a view to return to work. I shall not be seen in any manner to be participating in a go-slow during working hours; I shall not interfere with the security of BURS facilities either electronically or others; the BURS General Conditions of Service shall continue to apply to me and I advise that I understand the above conditions and accept to be bound by them in full”.

Moonwa said negotiations with the union would depend on the outcome of the court case.

“Technically, the strike is not over because as we speak, there’s a case before the courts. I cannot say when we are due to meet with the union again and no meeting has been scheduled. What we are waiting for is the case. We will see the direction that we should take after that. The outcome will determine everything,” she said.

More than 1,000 BURS workers downed tools on July 24, 2015, after the Industrial Court granted BOPEU permission to strike.