02 May 2016

The industrial court has reserved a decision on whether government management cadre is entitled to the recently interdicted public service three per cent salary increase.

 Industrial court judge, Justice Harold Ruhukya said on Friday that the court’s decision will be made available as soon as it is ready.

 This followed an application by Botswana Federation of Public Sector Unions (BOFEPUSU) through their attorney, Mr Mboki Chilisa that members of management should be affected by the recent interim order which interdicted the three per cent salary increment from the month of May.

 Mr Chilisa said the Public Service Bargaining Council (PSBC) admits all public service employees except disciplined forces such as Botswana Police Service, Botswana Defence Force and Botswana Prison Services.

 He said the public service members of management may form a union to join the PSBC for the purpose of bargaining.

 “If they can unionise, they can be admitted to PSBC, there is nothing that suggest that union of management cannot be admitted to PSBC,” he added.

 In addition, Mr Chilisa said once unions are admitted to PSBC, they are entitled to rights and privileges which afford them an opportunity to speak for those who are not even represented at PSBC.

Further, he said although members of management are not part of the bargaining council, the resolutions of the council are binding.

 For his part, Mr Tefo Bogosi opposed the application saying that the members of the management do not have a union to represent them at the council hence they are not affected by the interim order interdicting the salary increase.

  He said all of the applicants are recognised unions with exclusive right to bargain for their members, something which the members of management did not enjoy.

 “PSBC and its constitution do not cover members of management,” added Mr Bogosi.

  He further stated that even if the members of management form a union, they will need the presence of non-management unions in order for the PSBC to form a quorum.

He argued that the interim order to interdict the three per cent salary increase should not be discharged, adding that even if the court finds that the government did not bargain in good faith, the interdict should not be extended to members of management. ENDS