Counties
Lawsuit against West Kenya’s attempt to cut redundant staff
Tuesday, February 16, 2021
BY JOSEPH WANGUI
Summary
- The Employment and Labor Relations Court has dismissed a case aimed at trying to prevent the West Kenya Sugar Company from downsizing its workforce due to the Covid-19 pandemic.
- Justice Nduma Nderi said some of the issues raised in the case by the Kenya Union of Sugarcane Plantation and allied workers are the subject of other legal proceedings.
- He also ruled that most of the other issues raised have already arisen, such as the termination of the fixed-term contracts or the expiry of the deadline and validity of the ongoing outsourcing of labor.
The Employment and Labor Relations Court has dismissed a case aimed at trying to prevent the West Kenya Sugar Company from downsizing its workforce due to the Covid-19 pandemic.
Judge Nduma Nderi said some of the issues raised by the Kenyan Union for Sugar Cane Plantations and Allied Workers (KUSPAW) are the subject of other legal proceedings and are therefore informed and should be addressed in these specific lawsuits.
He also ruled that most of the other issues raised have already arisen, such as the termination of the fixed-term contracts or the expiry of the deadline and validity of the ongoing outsourcing of labor.
In their court files, the union said the sugar miller issued a memo in July 2020 instructing workers to sign new contracts on July 2, 2020 in groups with instructions on how to sign new contracts they signed but have not received any copies.
The union said the company had also issued termination letters dated June 29, 2020 to all truck drivers who worked on both permanent and contractual terms without following due process.
It has been argued that the conduct violates the MoU signed by the tripartite parties and government policy that workers should not lose jobs during the CovidD-19 period. It described the development as an unfair labor practice against contract workers.
However, the company told the court through its human resources manager, Martin Chisaka, that it had more than 4,000 employees and more than 2,500 employees had fixed-term contracts, while the rest were permanent and pensionable.
Mr Chisaka said the pandemic michas had adversely affected the business.
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