Govt Faces Lawsuit For Outsourcing Abattoirs

Union accuses govt of negotiating in bad faith BLLAHWU lawyers issue notice to sue The government is facing a lawsuit from the Botswana Land Boards, Local Authorities and Health Workers Union (BLLAHWU) after Selibe-Phikwe Town Council unilaterally outsourced a state-owned abattoir. BLLAHWU is aggrieved that certain local councils have awarded tenders for outsourcing abattoirs or are about to do so while consultations are ongoing with the Ministry of Local Government and Rural Development. I[ihc-hide-content ihc_mb_type="show" ihc_mb_who="1,2,3,4" ihc_mb_template="1" ] n a letter seen by this publication, the union singles out Selibe-Phikwe Town Council as one of the local authorities acting in bad faith in this regard. Chronicling the background to its negotiations with the ministry, lawyers acting for BLLAHWU, Moahi Attorneys, at a meeting with the ministry on 1 st February 2023 where the union sought an update about outsourcing of abattoirs within local authorities, the union was informed that outsourcing was still under consideration and was assured that there would be communication to it once the process was concluded, which was to be done before end of February 2023. According to the lawyers, BLLAHWU was further assured that it would be engaged in the consultation process in accordance with the dictates of the recognition agreement with the government. “Client was shocked to learn that a tender was awarded for the outsourcing of abattoirs on the 14 th February 2023,” says the letter. “This came as a shock to client as it was still engaging the employer or was yet to engage the employer regarding its members who are deployed to the said abattoirs. “Awarding a tender whilst the issue was still at the bargaining table amounts to bargaining in bad faith. This is so as it is clear that the employer does not intend to engage in any meaningful negotiation (and is) doing so to tick a box when the final decision is a foregone conclusion.” The lawyers say Selibe-Phikwe Town Council “is |a local authority falling under the Ministry of Local Government and Rural Development, when it comes to issue of employment, employees therein are public servants who are governed by the Public Service Act, when it comes to issues of their employment conditions, a discussion or bargaining with the parent ministry is the same as bargaining with the local authority, infact the ministry and local Authority are one and the same thing as employers.” Moahi Attorneys says BLLAHWU has instructed them to approach the courts to review, correct and set aside the decision to outsource abattoirs without consultation “This letter constitutes notice to sue as per the dictates of the Local Authorities Act,” reads the letter in part. [/ihc-hide-content]

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Govt Faces Lawsuit For Outsourcing Abattoirs

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