Universities Academic Staff Union (Pwani University Chapter) v Pwani University; Universities Academic Staff Union (UASU) (Interested Party) (Petition E004 of 2023) [2023] KEELRC 2377 (KLR) (28 September 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2377
- Citation
- [2023] KEELRC 2377 (KLR)
- Decided
- 28 September 2023
Summary at a glance
TypeLabor DisputePosturePetition and ApplicationCoramM MBARŨ
The court finds the CBA dated 10 May 2017 enforceable and orders the respondent to continue paying the petitioner's members their full salary until the retirement age of 75 years.
Facts
The petitioner, Universities Academic Staff Union (Pwani University Chapter), filed a petition against Pwani University and an interested party, Universities Academic Staff Union (UASU), seeking orders to quash retirement notices, declare discriminatory practices, and promote three members.
Issues
- Validity of retirement notices issued by the respondent
- Discriminatory treatment in promotions
- Enforceability of the Collective Bargaining Agreement (CBA)
Reasoning
The court acknowledges the CBA dated 10 May 2017 but notes its pending registration. The court orders interim measures to prevent premature retirements and promotes three members.
Outcome
The court dismisses the petition and orders interim measures.
Orders
- Interim orders to prevent premature retirements
- Order to continue paying members' salaries until retirement age of 75 years
- Promotion of three members
Remedies
- Interim measures to prevent premature retirements
- Promotion of three members
Authorities cited
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