“The union and the respondent (Kibos Sugar) to sign a 2-year collective bargaining agreement on or before 1 May 2022 but effective 1 January 2022, incorporating an award of 10 percent general wage increment spread over 2 years as follows,” Justice Stephen Radido said.
The judge added that a five percent pay adjustment will be effective from January 1, 2022, and the next five percent will be imlemented on January 1, 2023.
The applicant sued the miller on September 16, 2020, alleging that the company had failed to negotiate a CBA in good faith despite the union having accepted a proposal of 16 percent general wage increase.
The parties have a recognition agreement under which they entered into a CBA on April 25, 2016. The agreement was to run from August 1, 2015, to July 31, 2017. When the agreement expired, the parties entered into fresh negotiations for a new agreement but which ended in a stalemate.
The miller proposed a wage increase of 16 percent spread over three years and effective from the date of signing the CBA.
The union meanwhile suggested a 20 percent general wage increase spread over three years with an effective date of August 1, 2018.
The union on December 17, 2019, informed the company that it would accept the 16 percent pay rise offer but did not get a response.
The judge said the orders drew from a report by the Central Planning and Monitoring Unit of the Ministry of Labour and the practice of renewing CBAs every two years in the private sector.
The court set January 1, 2022, as the CBA’s effective date because the parties did not say whether an earlier suspension of talks had been reviewed.
