- Agents demand shift allowances
LETLHOGILE MPUANG
Security agents employed by the Directorate on Intelligence and Security (DIS) are taking legal action against their employer to demand shift allowances, in accordance with the Public Service Act.
Statutory notice
Uyapo Ndadi from Ndadi Law Firm, has issued a statutory notice with the intent to sue under Section 4 of the State Proceedings Act. The notice was directed to the Ministry of State Presidency, DIS, Director of Public Service Management (DPSM), and the Attorney General (AG). All respondents have acknowledged receipt of the letter dated August 22, 2023.
Violated regulation
The agents allege that their employers have violated Regulation 9 (5) of the Public Service Regulations by failing to provide them with shift allowances. Ndadi has been instructed to compel the state to acknowledge that the claimants are entitled to shift allowances.
Outstanding shift allowances
Additionally, they seek an order for the payment of outstanding shift allowances at the agreed-upon rate specified in the collective agreement, along with the cost of the legal proceedings.
“These claimants are all employed by the Directorate on Intelligence and Security (DIS) and are stationed at various locations in Botswana, working as agents. Despite working shifts (rotations), the claimants have not received the remuneration for shift allowances they are entitled to. Regulation 9 (5) of the Public Service Regulations explicitly states that ‘Each shift shall attract an inconvenience allowance (commonly known as shift allowance) at a rate determined by collective agreement,'” argues Ndadi.
Considered public servants
Ndadi further claims that these regulations apply to the claimants as they are considered public servants, and other public servants who work in shifts receive shift allowances.
“We believe that this matter can be resolved without resorting to litigation. However, if we do not receive a response within 30 days, or if you persist in your position, we will initiate legal proceedings,” concluded the letter.
Yesterday (Tuesday) Ndadi told The Botswana Gazette that they were yet to receive any feedback from government.