Activist Okiya Omtatah has rushed to the defense of staff at the Energy Regulatory Commission (ERC) who feel the changes conducted by acting Director General Robert Oimeke (pictured) are unlawful. 

Here is part of the pleadings he has made on their behalf in Labour Court;

In the year 2016, the respondent developed a new organisation structure based on studies done by two management consultant companies (PKF and KPMG), and advice from the Salaries and Remuneration Commission. The new organisation structure spelt out the tasks and job descriptions associated with each position in the organisation. The new organisation structure was then approved and adopted by the respondent and by other stakeholders. 

The new organisation structure created grades for growth within particular positions. For example, whereas in the old structure there was only the ungraded position of Energy Economist, the new structure introduces the grades of Energy Economist III, Energy Economist II, and Energy Economist I.

In the new structure, the default position equivalent to the old position of Energy Economist is Energy Economist III. An employee then has to undergo a suitability interview for purposes of being graded. Where successful, an employee is upgraded to the next level. In the example given above, a successful Energy Economist III would become Energy Economist II.

The respondent has embarked on an exercise to implement the new organisation structure by migrating staff from the old structure. Further and in particular:

Employees who don’t undergo suitability interviews will migrate but will be condemned to stay ungraded at the default level at the bottom in the new structure.

The respondent has an obligation to ensure that during the migration all employees undergo suitability interviews with the view to their being graded.

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