TeacherS Salary Windfall Out Of DPSM Blunder
Monkagedi Gaothobogwe | Monday January 16, 2017 16:38
Thanks to the court case launched by Botswana Sectors of Educators Trade Union (BOSETU) on the teachers’ behalf, they are now due for a windfall.
This is after the High Court ordered that DPSM perk those teachers up to the D4 scale following a downgrade to C1 after six months of enjoying the top grade salary in 2010.
As a result of the victory the teachers who had been seconded to the Out Of School Programme are now due for back pays.
The DPSM’s attempt to correct the blunder and recoup what the 36 teachers are owing government was foiled by BOSETU when their long dragging court case for the teachers concluded with happy festive news in December. The court told the DPSM it was unlawful to downgrade the teachers to the C1 scale or recoup the alleged overpayment.
The DPSM had in 2010 elevated the 36 teachers to D4 salary scale, as they implemented the Levels of Operations policy, only to realise six months later that they had committed an error as the D4 scale was for senior teachers grade I, which can only be attained by promotion and not by progression.
The DPSM responded to its own error by ordering those teachers who had benefited unduly to pay back the overpayment and were downgraded to the C1 salary scale.
In its litigation, BOSETU argued that the decision to redeploy the teachers seconded to the Out Of School Programme to teaching should be reviewed and set aside on account of non-consultation, and that the decision to reduce the monthly salaries of the said employees or downgrade them should be reviewed and set aside.
Also, the Union said the decision to make those teachers pay for the so-called overpayment should be reviewed and set aside and lastly that government should pay the costs of the lawsuit.
In determining the matter, Justice Bengbame Sechele of the High Court agreed with BOSETU on three points out of the four.
The court upheld the redeployment of the seconded teachers back to teaching, by so doing throwing out BOSETU’s prayer in this regard, but agreeing with the Union that the decision by government to downgrade the teachers is unlawful and therefore is set aside.
The court also agreed with BOSETU that the decision to effect monthly deductions against the affected teachers is unlawful and is set aside and lastly ordered costs against government.
Commenting at the end of the case BOSETU secretary general, Tobokani Rari said they are elated by the outcome of the case.
“We have been vindicated. We would like, however, to express our disappointment towards the conduct of the Ministry, and Government in general, as they seem not to learn. They repeat the same mistakes over and over again.
We are further disappointed by the fact that even issues that could have been resolved through dialogue, the Ministry and Government seem to always want to go all out up to litigation.
In our view this is a waste of the taxpayer’s monies. We appeal to our members to remain loyal and we promise to pursue their causes and if push comes to shove, then we shall litigate on their behalf as we have always done,” Rari told The Monitor.