The imminent signing of the Polihali Bargaining Forum on November 8 marks a significant step for contractors, trade unions and workers at the Lesotho Highlands Water Project Phase II.
The forum is a bargaining platform duly registered in terms of the Labour Act.
The parties to the forum will be contractors and registered trade unions whose members are engaged or employed in the LHWP Phase II.
The contractors include WRES Joint Venture, Kopano Ke Matla, Congo, Sun Joint Venture, while the trade unions are United Textile Workers, Construction, Mining, Quarrying and Allied Workers Union (CMQ), Independent Democratic Union of Lesotho and Lesotho Workers Association.
The forum will facilitate dialogue on wages, working conditions, and dispute resolution, fostering good relationships between contractors and unions.
It aims to establish standard employment conditions, promote job creation, and enhance health and safety responsibilities for employees.
The secretary general of CMQ, Robert Mokhahlane, is upbeat that the establishment of the Polihali Bargaining Forum is crucial for addressing the delays currently faced in resolving workers’ disputes.
Mokhahlane told theReporter this week that the Directorate of Dispute Prevention and Resolution (DDPR) is overwhelmed with labour disputes, and this causes a backlog that frustrates workers seeking justice.
“DDPR operates under a two-stage system of conciliation and arbitration, leading to prolonged case resolution times.
“In Mokhotlong, where the project is located, the DDPR visits only twice a month, exacerbating the issue.
“As a result, some workers abandon their cases due to the lengthy wait,” he explained.
Mokhahlane expressed hope that the forum will provide a more efficient mechanism for resolving disputes, thereby enhancing the overall working environment for employees.
By giving workers a direct platform for dialogue and resolution, the body aims to facilitate quicker outcomes and better support for those affected by workplace issues.
He reiterated CMQ’s commitment to ensuring that members understand the importance of the forum in addressing their concerns effectively.
Mokhahlane explained that the forum is expected to operate more or less like a bargaining council, except that the forum is less formal with less binding authority. It does not have employers’ associations.
The managing director of Kopano Ke Matla JV, Joang Molapo, threw his weight behind support for the Polihali Bargaining Forum, highlighting its potential to address significant issues in the construction sector.
Molapo noted that the Lesotho Highlands Development Authority (LHDA) failed to engage with trade unions during the initiation of the project, which has contributed to dissatisfaction among workers.
Molapo criticized LHDA for overlooking crucial factors such as minimum wage regulations.
He further pointed out that while minimum wage figures are published, they often do not reflect the realities on the ground or consider local economic conditions.
“The project is located in a Selected Development Area (SDA), where the government could have mandated specific financial commitments to ensure fair compensation for workers.
“LHDA however chose not to implement these measures, leading to ongoing dissatisfaction among workers regarding their conditions,” he lamented.
Prior to the project, Molapo said, LHDA knew that it is was going to have foreign employers and that there will be misunderstandings but the department of labour did not take dispute resolution resources to Polihali, that would help speed up cases.
Labour relations lawyer, Advocate Paul Sesenyi previously said bargaining councils are statutory bodies established with the sole purpose of regulating conditions of employment within the specific sector. For example, there could be a bargaining council on textile and manufacturing sector, security sector and construction sector.
Sesinyi said the councils are given the legal authority to resolve trade disputes and enter into sector binding agreements. Their decisions are subject to review by superior courts within the jurisdiction. Since each council can have its own rules and procedures, that in itself makes bargaining easy.
He indicated that once a trade union falling within the jurisdiction of the particular council meets the threshold for joining, it enjoys the benefits associated with such bargaining council even if it may individually lack the capacity to negotiate alone with the employer on company level.
The negotiation process is left to the parties without the intervention of the government.
“They can decide on the implementation date of the newly negotiated salaries without necessarily impacting on other sectors which are not parties to such a council. As it is, both the employers and employees’ representation within the WAB is not evenly balanced, in fact some sectors have no representation at all.
“That means employees in such sectors have no option but to accept and take what has been decided upon on their behalf by those sectors having representation in the WAB,” Sesinyi added.
