The Nakuru Industrial Court is tomorrow set to hear a case file by the by the Kenya Human Rights Commission (KHRC) on behalf of 64 former employees of Kaisugu Tea Limited in Kericho Trade Dispute 1 of 2013. This follows the initial filing of the in case in February 2013 seeking to redress on a number of violations of constitutional and labour rights by the company.
Among a raft of violations, the KHRC notes that:
- The principle of last in first out was not applied
- Notice was not issued: Upon dismissal, workers were only paid for the days worked, despite no notice being issued or workers being paid their notice period. According to the Collective Bargaining Agreement (CBA) provisions – “Notice of redundancy shall not be less than two months or pay in lieu”.
- Employees laid off in February 2012 have not been given priority (against the CBA provisions) despite the company’s subsequent engagement. This is provided in the manual and the company management promised the workers the same. Those employees who have been engaged, have been taken in on fresh terms after declaring there is no existing engagement with the same companies
- There was No Service Pay paid to the dismissed workers. As per the January 2012 – December 2013 CBA agreement, which Kaisugu is party to, “……An employee declared redundant shall be entitled to 21days pay for each completed year of service….”
- That the company threw them out of the company housing against the CBA provisions - that the employee shall be allowed to stay on the farm up to a maximum period of three months from the date of notice.
The court has also allowed an additional 35 claimants, also former employees of Kaisugu dismissed on 10th February 2012 following an application by the Kenya Human Rights Commission. The court will also determine an application from Kituo cha Sheria to be enjoined as amicus curiae in the matter.
For more information on this issue please contact us through Beryl Aidi or Esther Waweru on 254-20 2044545, 254-20 2106709, 254-20 3874998
The Kenya Human Rights Commission (KHRC) was founded in 1991 and registered in Kenya in 1994 as a national Non-Governmental Organisation (NGO). Throughout its existence, the core agenda of the Commission has been campaigning for the entrenchment of a human rights and democratic culture in Kenya. Its founders and staff are among the foremost leaders and activists in struggles for human rights and democratic reforms in Kenya. KHRC works at community level with human rights networks (HURINETS) across Kenya and links community, national and international human rights concerns.