BTC’s Secretive Restructuring Exposed

New structure designed without union involvement discovered BTC says it has consulted the union throughout Documents obtained from court papers show how Botswana Telecommunications Corporation (BTC) undertook a restructuring exercise behind the back of its employees. Botswana leading telco’s decision not to share crucial documents on its new structure and exit packages with employees facing retrenchment raises eyebrows. In a letter addressed to BTC management, the Deputy Secretary General of Botswana Telecommunications Union Employee (BOTEU), F. John, says the company has been doing some recruitments, deployments and direct appointments without following laid down procedures. [ihc-hide-content ihc_mb_type="show" ihc_mb_who="1,2,3,4" ihc_mb_template="3" ] “We have seen some posts advertised and some hired for,” says the letter. “Are we going to see these posts included in the new stricture and why did it not wait for the structure implementation? “The legitimate expectation is for any recruitment to be frozen and anything has to be consulted on before implementation.” In another letter, BOTEU lawyers Paul & Partners raise questions about the telco’s decision to restructure in a secretive manner with the General Manager - HR and Support Services. “Client instructs that on the 14 th September 2022, the management of the Corporation in the process of consultation with the union presented a proposed new structure and a proposed retrenchment package to the union,” the lawyers stated in the letter. They added that the union had asked for time to consult with its members regarding the proposed structure and packages “so that the union could make a meaningful contribution with regards to same,” the lawyers pointed out. “Our client instructs that they were advised that both proposed structure and the proposed package are confidential, sensitive and the union would not be given the liberty to consult its members with regards the same.” “To fortify this point, the union was advised that they (union) did not have capacity to present the same to their members.” The lawyers emphasised that BTC has a legal obligation to consult its employees, noting that in this case there is a recognised union that ought to be engaged. “Consultation is a right of employees and an obligation to the Corporation,” they argued. “The union leadership are representative of the said employees and they get mandate of consultation. The union leadership or representatives are therefore agents of their members. “The position postulated by the management therefore defies logic, to seek to argue that the union management representative can engage in consultation which is confidential to its membership. “It must be remembered as indicated above that the right to be consulted vests with employees. The union representatives have an obligation to consult their members so that the views and submissions made at the consultation meetings are those of their members.” BOTEU lawyers proceeded to tell BTC to “remove the condition that union representatives cannot consult their members with regards the proposed structure and the proposed package”. “You should also note that consultation does not mean you communicating your intentions and plan to the union but it places an obligation on you to take into account the input made by the other side,” Paul and Partners said. In a replying letter dated 19 September 2022, BTC’s Company Secretary, Sidney Mganga, said there is no legal requirement for an employer to reach consensus consultative issues but the mere process of seeking consensus is sufficient. “Once the consultation process has been exhausted, the employer is entitled to implement its decision whether or not the parties have reached consensus,” he said. “We would like to put it on record that since the beginning of the restructuring process aforesaid, BTC has engaged in meaningful consultations with your client as required by law which provides that an employer is required to enter into consultation with employees likely to be affected by the proposed retrenchments.” Mganga said consultations with BOTEU or affected employees started in May 2022 and that affected employees have had meaningful input into the process, including the structure and exit packages, throughout the process. He added that the structure and exit packages were discussed and workshopped with the employees likely to be affected and restructuring by the entire staff of BTC. Mganga said the union even made counter-proposals on the exit package and that it was therefore incorrect that employees were not meaningfully consulted. “In light of the above, it is clear that your client does not have a claim, let alone a cause of action, against BTC as BTC has followed the right procedure in the restructuring exercise,” he said. The Industrial Court has since halted the retrenchment and ordered BTC to consult meaningfully with its employees. [/ihc-hide-content]

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