Staff decry unfair labour practices meted out to shop stewards and other employees
Retailer’s legal officer Terence Bavon, in a letter dated April 3 to the union, said there is no trade dispute and the strike is unwarranted.
A showdown looms at Tuskys Supermarket following a 14-day strike notice that has been issued by workers but termed as premature by the management.
The workers — through Kenya Union of Commercial Food and Allied workers — issued the strike notice on March 29 to protest unfair labour practices meted out to shop stewards and other employees.
The workers are also protesting massive transfers of shop stewards and refusal to recognise them as representatives of the workers and unlawful threats against outsourced staff and disciplinary transfers of this category of employees, among others.
“Upon the expiry of the said notice, workers will down their tools and take part in a protected strike without any further reference to you unless measures are taken to stop the employer’s unlawful action and outright defiance of the judgment of the court and unless the employer respects co-existence and mutual respect,” secretary-general Boniface Kavuvi wrote in the notice to Tuskys.
Retailer’s legal officer Terence Bavon, in a letter dated April 3 to the union, said there is no trade dispute and the strike is unwarranted.
“As per all employee employment contracts, management at its discretion may transfer employees from one branch to another. Shop stewards are first and foremost employees who are bound by their employment contracts and therefore may be transferred by management to any other branch,” Mr Bavon said.
“It is important to note that over 600 transfers have been effected in 2018 with only eight shop stewards being affected. This is a policy within Tuskys in line with best practices and is not the first time the company is effecting such transfers.”
With regard to the issue of recognising workers’ representative, Mr Bavon said the management could not recognise the representative as elected and advised the union to carry out fresh and credible elections of workers representative.
He said the elections were marred with irregularities, which were acknowledged by the union in their letter dated March 21.
Mr Bavon said the management has no control over the transfer and disciplinary process for outsourced staff as this is directly handled by the outsourcing firm.
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