BOPEU Gets Interdict Against Statistics Botswana

Goitsemodimo Kaelo | Monday May 27, 2019 13:05

 

BOPEU had instituted legal action against SB to interdict consultations on salary review, which are done outside the framework of the Joint Negotiations and Consultative Forum (JNCF). 

This was after SB issued an internal memorandum to its employees, who are BOPEU members, inviting them to a consultative meeting on negotiable matters such as salary adjustments on May 22.  

Industrial Court judge Diratsagae Molomo directed that pending the final determination of this proceedings, SB should consult and negotiate with BOPEU in respect of the union’s members who are within the bargaining unit regarding the organisational and pay structure review.

In the main review application, BOPEU through attorney Kago Mokotedi wants the an order declaring that the employer’s consultative workshops to pay structure review done outside JNCF are unlawful and a legal nullity, consult its employees who are within the bargaining unit on the ongoing workshops through the JNCF.

It also seeks an order interdicting the respondents, its agents, or any person acting under its instructions from proceeding with the workshops to consult employees who fall within the bargaining unit outside the scope of the JNCF pending the institution and finalisation of the review application.

In her founding affidavit, BOPEU’s first deputy president avers that the action of SB is a glaring breach of the parties’ collective labour agreement, the resolution of the JNCF held on August 30, 2018, the Trade Disputes Act as well as the Trade Unions and Employers Organisations Act.

“I aver that the applicants and its members under the employ of the first respondent stands to suffer irreparable harm in the event that the interdict is not granted,” he said.

Molomo also ordered the respondents to file their answering affidavits or other answer to the main application on or before June 18, while applicants have to file its replying affidavits, if, any on or before June 28.

The matter will be argued on July 5 and August 8, 2019.

Tshiamo Rantao represents the respondents in the matter.