Kisii University employees sue in layoff plans dispute

More than 150 employees of Kisii University have gone to court to challenge plans by the institution to declare them redundant.

In a petition certified as urgent by Employment and Labour Relations Court judge Mathews Nduma, the unionisable employees allege that the move is unfair and discriminatory. They want the court to intervene and stop the intended move.

The employees said they were issued with a notice on September 30, notifying them of intention to declare about 204 union members redundant, in 30 days.

But through their lawyer, Danstan Omari, the employees who include clerks, secretaries, procurement officers, and cateresses and halls officers said the university council was not properly constituted when the decision was made.

Other than the lack of quorum, the employees said the institution has failed to demonstrate satisfactorily, in the notice that the services they were offering have been rendered superfluous.

In the notice, the university stated that the growth of the institution has not been commensurate with the available resources and that the revenue from fees from privately sponsored students, had declined. “That the foregoing reasons, there is no valid and legitimate reason to effect redundancy of the union members as the respondent intends to outsource the same functions to an outsourcing agency, which prima facie demonstrates that there is work to be performed by the current holders,” he said.

Mr Omari told the court that the mere fact that the university intends to replace the staff with outsourced labour, is an indication there is work to be performed.

He further said the selection of the employees to be fired did not have regard to seniority, skill, ability and reliability of each employee of the particular class.

Mr Omari added that the employees were not given prior warning, which is a violation of their rights.

They want the court to declare that the dismissal on account of redundancy breached their right to fair labour practices, is discriminative and unfair.

“That unless the court intervenes and comes to the aid of the applicants, the respondent will continue brazenly violate their rights and fundamental freedoms under the Bill of Rights at the risk of insubordination of the constitution,” the petition stated.

Justice Nduma directed him to serve the university together with the chairman of the council and vice chancellor Prof John Akama with the court documents within seven days. The case will be heard on November 3.