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”.
