Ten employees of the Botswana Public Service Union (BOPEU) have filed a case against the union with the Industrial Court.
The union employees asked the court to make a declaration that BOPEU terms and conditions of work were unfairly implemented and are of no force and effect and should therefore be set aside.
They argue that a recommendation by Tsa Badiri Consultants was unilaterally implemented by BOPEU without consultation and is, therefore, of no force and effect and should be set aside.
They further ask the Court to make a declaration that the decision by BOPEU not to award them the 13th cheque for the year 2011 is unfair and that the letter written withdrawing the 13 cheque was of no force and effect.
According to an affidavit by the aggrieved workers, on or about 24 November 2011, they wrote a letter to the BOPEU Secretary General, Topias Marenga, urging him and his central Committee to reconsider their decision not to award them the 13th cheque.
Then the Deputy Secretary General of the Union on the same date wrote back to the Union employees informing them that the Union was unable to accede to their demands due to financial difficulties already explained to them.
A month later, on December 14, 2011 they wrote to the President of the Union appealing against the response by the Secretary General. Then followed a series of letters between the two parties.
In one of the letters, the subject that arose was whether it was true that the Union could not afford to pay them the 13th cheque. The employees’ view was that the Union has the capability in that Union subscriptions as at 30 October, 2010 were P4,069, 647,67 and P4,681,023,73 as at 30 October 2011.
They said this was a healthy balance sheet despite the layoffs and the application of no work no pay rule during the 2011 public service industrial action.
