NALCGPWU takes Gov’t to court over Early-Exit Programme

The National Amalgamated Local and Central Government and Parastatal Workers Union has asked the High Court in Maun to prevent the government from implementing its Leadership Transformation Programme among public servants represented by the union without first negotiating with it.

The union, known as NALCGPWU, has cited the Attorney General, representing the Government of Botswana, as the respondent.

In court papers, the union argues that the programme addresses matters already covered by the Botswana Public Service Early Exit Policy, adopted in December 2008. The union says the policy forms part of the terms and conditions of employment agreed upon by the government and organised labour and cannot be amended unilaterally.

The dispute began in June, when the government introduced what the union describes as the Leadership Transformation Programme-Voluntary Separation Project. According to the union’s founding affidavit, the initiative was presented as a strategic component of the broader Leadership Transformation Programme and initially targeted employees on the E2 salary scale and above.

The government indicated that the programme would be implemented in phases. Phase One would cover employees on salary bands E and F, followed by Phase Two for bands D and E, and Phase Three for bands A, B and C.

The union maintains that the programme falls within the scope of the existing Early Exit Policy because it concerns employees leaving the public service and the reduction of the government workforce.

The policy emerged from negotiations between the government and organised labour that began in 2003. According to the court papers, the government first announced its intention to introduce an early-exit policy at the 104th meeting of the National Joint Industrial Coordinating Committee on June 27, 2003.

The issue was discussed at subsequent meetings on July 28, September 26 and November 25 that year. The negotiations eventually led to the adoption of the Botswana Public Service Early Exit Policy in December 2008.

The policy provides for both voluntary and involuntary separation when the government determines that it must reduce its workforce. It identifies several circumstances that could lead to job reductions, including changes in skills or occupations, the discontinuation of a function and the introduction of new technologies or working practices.

It also sets out procedures for voluntary early exit. Those procedures require affected employees and their representatives to be notified and given the information needed for meaningful consultations.

NALCGPWU argues that the policy is part of the terms and conditions of employment and may be changed only through negotiation.

The introduction of the Leadership Transformation Programme prompted objections from the union and other trade unions. According to the court papers, the Minister for State President, Defence and Security later met with the parties, after which the programme was suspended in a letter dated July 13.

The disagreement continued. At a meeting on July 16, the parties also discussed local per diem payments. The unions maintained that the matter was subject to negotiation, while the government argued that it required consultation only.

The parties eventually reached an impasse and issued a joint statement on July 29 setting out their opposing positions.

The union’s founding affidavit says the government then issued a press release on Aug. 6 informing public officers that it had decided to proceed with both the Leadership Transformation Programme and the local per diem changes.

The first phase of the programme was expected to cover public officers on salary scales E and F, with completion targeted for the end of October 2026. Phase Two would cover scales C and D, while Phase Three would cover scales A and B. The government expected the final phase to be completed by the end of the 2026-27 financial year.

The union argues that the decision to proceed without negotiations is unlawful. It says the government is attempting to unilaterally alter or circumvent the 2008 Early Exit Policy and that, despite its name, the programme concerns terms and conditions of employment.

NALCGPWU says it has a direct and substantial interest in the case because it is a recognised trade union representing public servants and a signatory to a memorandum of agreement with the government.

It also argues that its members could be prejudiced if the programme is implemented without the union’s participation.

The union is asking the High Court to declare that the Leadership Transformation Programme is a matter for negotiation rather than consultation. It is also seeking an order declaring that the government may not implement the programme in respect of public servants represented by NALCGPWU without first negotiating with the union.

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