BOFEPUSU Challenges 3% Salary Hike Again
Correspondent | Monday June 27, 2016 14:58
This time, Rari is requesting the High Court to declare the decision by government to unilaterally announce the salary increase unlawful, because salary negotiations are the preserve of the Public Service Bargaining Council (PSBC).
Last time, BOFEPUSU was told government had the right to offer salary increase to non-BOFEPUSU members and ruled that only BOFEPUSU members may not take the 3% salary increase. In the papers filed before courts, Rari says the IC ruling was interim and that they are now seeking a definite determination on the matter. Perhaps most interesting is the assertion by Rari that the PSBC should be taken as alive and kicking and ready to perform its functions of salary negotiations, arguing that the previous decision by the IC to suspend the PSBC and have it reconstituted had been cancelled or suspended by BOFEPUSU’s appeal to the Court of Appeal CoA). According to Rari’s affidavit, the status quo should be treated as it was before the IC judgement, that Manual Workers Union was and is a rightful member of the PSBC and that the BOFEPUSU Acting Jointly Arrangement, made up of BOFEPUSU affiliates unions, is properly in the PSBC.” Until the appeal had been determined…the status quo ante had to be restored, viz that (the BOFEPUSU affiliates) were parties to the PSBC, and any resolution passed by the PSBC prior to the judgement of the IC had to be implemented”.
In his affidavit, Rari blames the IC judgement for the 3% increment, saying the salary increase came after the IC judgement that found that BOFEPUSU trade unions were wrongfully in the PSBC.
Rari further points out that the IC judgement had referred the PSBC constitution matter for mediation, amendment, as well as suspending wage negotiations pending the resolution of the matter. Rari’s affidavit, reached the High Court on June 17, just a day before the CoA issued their ruling on the BOFEPUSU vs BOPEU’s long running matter concerning the membership of the PSBC.
The CoA would later declare that there be fresh determination of the membership of the PSBC, ordering that the Manual Workers Union and BOPEU pply to the PSBC and be vetted to determine if one of them or both are admitted. Whoever is admitted would also be in a position to invite their trade union friends to join in their tailcoats.
Interestingly, the PSBC secretariat on June 22, several days after Rari’s High Court application and after the CoA ruling, wrote to BOFEPUSU affiliates and BOPEU, informing them that they can expect to receive communication from the PSBC by July 8, informing them how they can apply for admission into the PSBC, among others. Should Rari have his way at the High Court though, the PSBC’s forthcoming membership verification exercise may turn out to be a futile exercise.