BOFEPUSU knock out Gov�t
Goitsemodimo Kaelo | Wednesday April 5, 2017 16:26
Motswagole ruled in favour of the Botswana Federation of Public Private Parastatals Sector Unions (BOFEPUSU) stating that Government acted unlawfully by unilaterally adjusting the salaries of the civil servants by three percent on March 30, 2016, and as such, is also restrained to award a four percent increase announced last week.
He said the employer was wrong to sidestep the PSBC in altering the conditions of service of workers and the increment should stop forthwith and those who were awarded should pay back the money.
BOFEPUSU made an application seeking the Court to set aside Government’s decision, which it argues, was a breach as it is not a product of the bargaining council process and also for the Court to clarify the scope of the PSBC, which is mandated to negotiate salaries and conditions of service.
The judgement to this case was scheduled for April 7, 2017, but following another urgent application for interdiction of salary increase for 2017/18 by the federation, which was set for April 4, Motswagole’s judgement presents a big win to the federation, which had been fighting for the protection of the functionality of the role of the PSBC and its prevalence.
In his judgement, Motswagole said the PSBC as a joint industrial council, is duly mandated to negotiate for all public servants and not just for members of Unions admitted at the PSBC. He said the Council should determine the changes to salaries and conditions of work of all public servants.
He said the Council is meant to perform the duties of a joint industrial council to negotiate terms and conditions of the entire public service of which its outcomes affect even the non-unionised.
“Government breached its duty to bargain in good faith when it granted unilateral 3% increment of salaries on March 30, 2016. The scope of the PSBC- being a joint industrial council - extends to all public servants and is not only restricted to trade union members,” he said.
He said Government acted in violation of the statutory instruments by bypassing the PSBC and render it useless. He said Government must play its role and ensure that the functions of the PSBC are carried out without acting in a parallel manner.
Motswagole pointed out that the PSBC requires autonomy and impartiality and should not be influenced by political interference.
The respondents in the matter have been ordered to pay the cost of suit. Meanwhile, BOFEPUSU has written to the PSBC chairperson to convene the council for continuation of salary negotiations on April 10.