No equal pay for Statistics Botswana employees
All animals are equal, but some are more equal than others
The Court of Appeal has upheld an appeal by Statistics Botswana that sought to maintain the status quo where employees with same qualifications, and same experience are paid differently for same work.
The dispute between SB and the Union has been ongoing for close to a decade.
Problems started when General Statistics Office (GSO) was phased out to establish Statistics Botswana without automatic transfer of employees between the two entities.
After some GSO employees were absorbed into SB, a new pay structure was introduced in 2012 causing the disparity among employees some of whom were unhappy.
However, no collective agreement was entered for several years until some dissatisfied employees referred their complaints to mediation.
“SB did not attend on account of alleged late service. A default award was issued by the mediator on October, 06, 2014, with a general admonition calling the parties to a negotiating table, failing which the matter was remitted to the Industrial Court. That did not happen,” observed the Court of Appeal as it stated that the dispute was marred in judicial drama.
On 22, February 2016, the Union approached the High Court seeking an order declaring the pay structure unfair and unlawful, but for several years there was no solution as the case moved between several judges at High Court and Court of Appeal.
Finally in 2022, Judge Kebonang declared that; “The disparity in the pay structure of Statistics Botswana where employees doing the same job at the same level, holding same or similar qualifications are remunerated differently is hereby declared unlawful. The employees performing the same functions, at the same level of operation, duties and having same or similar qualifications are hereby to be entitled to the same remuneration”.
However, SB challenged his findings, among them, that failing to consider the impact of the court’s order on the financial position of SB; and awarding costs on a higher scale when no basis was laid for such award was an error.
The Court of Appeal observed that the dispute remained unsolved around whether recommendations by the task force that was appointed to examine the disputed pay structure were implemented.
SB says the recommendations were not adopted, but instead management decided to freeze salaries for those employees whose salaries were unduly adjusted while the rest of the correctly notched positions were left as they were.
On the other hand the Union contended that the recommendations were accepted by the management of SB.
The COA bench said that the identities of the disgruntled employees has never been disclosed, or whether the extent SB’s implementation of measures in addressing the alleged disparities were indeed effective.
“The appeal is upheld and the order in the High Court is set aside,” said the Court of Appeal declaring that all animals are equal but some are more equal than others.