Is a national strike looming in the public sector?
Correspondent | Tuesday July 26, 2016 15:56
In 2007, government through the Presidential Directive instructed appointing authorities in various ministries to multiply graded and multiply all the C Band positions to read C1.2.3/4 to create a pool of posts so as to fast track the promotion of serving officers and such new dispensation was 1 April 2007.
Another commendable move by government to improve efficiency, reduce staff grievances, and labour disputes in the Public Service was the establishment of an Independent Employee Relations division in ministries/departments and appointed therein-competent officers to deal with issues of labour relations.
The decision to establish Employee Relations-divisions came into effect following the approved corporate service structure at a meeting held on 8 July 2010 and the implementation of the new Public Service Act No: 30 of 2008, which came into effect on 1 May 2010.
Employee Relations is recognised as one of the critical functions in Public Administration and Management, Human Resource Management in view of the unionisation of the public service. Notwithstanding these noble initiatives by government, it seems that grievances and labour disputes within ministries and departments are increasing at an alarming rate and government expenditure emanating from labour costs is high. What is really causing grievances and labour disputes within the ministries, which is causing government, a lot of money?
Public employees across the spectrum are complaining of irregular appointments, promotions, transfers, acting appointments and breach of rules, procedures and guidelines.
There is also a general concern regarding abuse of office by some government officials, undue injustices and disrepute to the administration of the public service.
Public employees concerns as above, if not addressed urgently, are likely to manifest into labour unrest in due course. Employees are so disgruntled and it seems that, there is no one to listen to them, their trade unions which could be representing them, have divorced their core mandate and are busy with business and in particular funeral schemes.
The simply and logical question is that, are these serving employees so incompetent that they cannot be considered for elevated to higher positions as they become vacant?
Why are ministries filling vacant posts through external recruitment when there are qualifying officers within ministries and departments?
Unfair labour practice
The acts or omission as stated above where serving officers are being overlooked for promotion amount to unfair labour practice and unfair conduct of appointing authorities, which need urgent attention, by union leaders as their members are suffering.
The Trade Disputes Act as well as the Public Service Act provides provision for mediation and arbitration of complaint regarding overlooking an employee who qualifies for promotion in the normal procedure and the employer’s refusal to promote a particular employee(s) by reasons of abuse of office or power.
To constitute unfair labour practice, the act or omission complained of, as stated above must be between the employee and his/her employer.
Many employees in the public service are claiming that there were overlooked for promotion, for some unacceptable irregular or invidious reasons. They also allege that, the employer (appointing authorities) are failing to follow agreed promotion policies and procedures as provided for in the applicable Scheme of Services and the Public Service Act.
Employees may have a valid complaint if they can show to the mediator and in particular arbitrator that, they have been overlooked for promotion where they possess objective attributes such as qualifications, experience, required competences and are star performers which the person who was promoted or appointed does not possess and their employers cannot explain why they were overlooked.
Generally, in the absence of a satisfactory explanation from the employer, it may be assumed that the employer acted in bad faith and therefore unfairly. Employers may also be found guilty of unfair conduct relating to promotion during arbitration, if they give employees a reasonable expectation that they will be advanced and then, without adequate reason, frustrate that reasonable and legitimate expectation.
It is a breach of rules, procedures and guidelines to overlook evaluating an employee(disregard of performance appraisals) to determine whether he/she qualified for appointment to an upgraded post or a post when it became vacant through various reasons such as death, resignation and dismissal.
*Oaitse Diane Patle is a reformist unionist based in Gaborone