121 Kisii University employees have challenged a decision by the institution to sack them.
According to court papers filed on Tuesday, the employees argued that the intended redundancy is fundamentally flawed in both substance and procedure as enshrined in law.
“The petitioners were not given any prior warning of an impending redundancy which is utterly a violation of their rights to be heard and right to fair labour practice,” read court papers.
They now want the court to restrain the institution from effecting the termination of any employee pursuant to the notice of redundancy dated September 30, 2020 pending hearing and determination of the case.
The employees, through lawyer Dastan Omari, argued that the university has not satisfactorily demonstrated in its notice that the service of the employees has been rendered superfluous.
It is their claim that the university’s intention is to replace unionized members with outsourced labour for their position is an indication that there is work to be performed by them and so no valid reason to effect termination by way of redundancy.
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