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KPA workers sue over move to scrap meal, overtime allowances

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A cargo ship at port. PHOTO | FOTOSEARCH | NMG

Some Kenya Ports Authority employees have sued the company challenging a proposed scrapping of meal and overtime allowances.

The employees are seeking an injunction against KPA from removing the compensation based on an agreement of September 13 and November 21, 2000.

They argue that they have been enjoying the allowance for the extra hours of work and meal break compensation for the last 17 years.

The employees drawn from Marine Engineering and Marine Operations departments have also sought temporary injunction against KPA from implementing the move -- pending the hearing and determination of the suit.

According to suit papers, the employees argue that they have been informed, through their heads of departments, that KPA intends to scrap the allowances, yet they continue to work on the same conditions and terms of service.

“The intended actions of the respondent, if implemented, shall amount to unfair labour practices in contravention of the constitution,” they further argued in their suit papers.

Same work conditions

The employees say that KPA had approved payments for the meal allowance and extra hours they worked -- 57 hours per month for meal allowance and 71 enhanced hours they work on Saturdays, Sundays and public holidays plus extra hours worked on weekly basis.

They further state that KPA informed them that beginning this month, the allowances shall be scrapped to their detriment as they shall continue to work on the same conditions as before but without compensation.

“The claimants have written to the respondent expressing their dissatisfaction with the intended action, the letter has not elicited any response,” the suit papers further states.

The employees, who have filed their case at the Employment and Labour Relations Court, fear that KPA shall effect the changes as threatened.

They further argued that despite the demand to sue, KPA has failed to have a meeting and a discussion with a view to negotiating their earlier agreements of September 13 and November 21, 2000.

They are also seeking a declaration that the intended scrapping of the compensation for the allowances amounts to unfair labour practices and that they shall not be victimised for suing the organisation.

Through lawyer Paul Munyao, KPA Thursday sought an adjournment of the case saying they need time to file their response.

Justice James Rika allowed the application and directed the case to be heard on September 20.