Nurses and midwives across the country are taking a firm stand against what they describe as exploitative labor practices following a landmark Court of Appeal ruling on November 16, 2023. The court’s judgment in the matter between the Director of Public Service Management (DPSM) and the Botswana Nurses Union (BONU) has brought to light discrepancies in compensation for on-call duties within the public health sector.

The court clarified the distinction between active and non-active on-call duty, ruling that nurses and midwives rostered for on-call duty are only considered to be working when physically present at their workstations. Consequently, time spent awaiting a call to duty is not classified as work, leaving these essential healthcare workers uncompensated for that period.

Despite this ruling, BONU has raised serious concerns, pointing out that other public service employees providing similar essential services are compensated through overtime and standby allowances. This disparity has ignited frustration among nurses and midwives, who argue that their time while on-call is significantly restricted.

“During on-call hours, nurses and midwives are compelled to remain in close proximity to their workstations, unable to engage in personal or private activities,” BONU National Publicity Secretary Cde. Kenosi S. Mogorosi stated. “This restriction denies them the freedom to use their time as they please, effectively making it work time that must be compensated.”

BONU further criticized the Ministry of Health, the District Health Management Team (DHMT), and the DPSM for failing to negotiate a fair framework for on-call duty compensation. Despite repeated calls for dialogue, the union alleges that these entities have refused to address the matter, leaving nurses and midwives subjected to prolonged working hours without due compensation, contrary to the Employment Act and international labor standards.

In response, BONU has instructed its members to strictly adhere to the Court of Appeal judgment until meaningful negotiations are initiated. This includes:

Nurses and midwives are no longer required to remain within the vicinity of their workstations while on-call.

They are to answer calls for duty and rely on the Ministry and DHMT to provide transportation to workstations.

Personal resources or transportation will no longer be used for on-call duties.

BONU acknowledges the potential impact this decision may have on public healthcare delivery but maintains that the move is necessary to ensure fair treatment and compensation for its members.

“This strict adherence is a necessary step to ensure that nurses and midwives are not subjected to cruel, exploitative, and unfair labor practices,” Mogorosi added