Kenya Universities Staff Union v Egerton University & another (Petition 88 of 2020) [2024] KEELRC 80 (KLR) (31 January 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 80
- Citation
- [2024] KEELRC 80 (KLR)
- Decided
- 31 January 2024
The Court declared the Notice of salary reduction unconstitutional, null and void, and granted a permanent injunction restraining the 1st Respondent from implementing the Notice without the Petitioner's involvement.
Facts
The Petitioner, Kenya Universities Staff Union, filed a petition against Egerton University and Kisii University alleging that they unilaterally reduced the monthly salaries of their members by up to 40% in April 2020 without involving the Petitioner in the decision.
Issues
- Unfair Labour Practice
- Unfair Administrative Action
- Violation of Collective Bargaining Agreement
- Violation of Constitutional Rights
Reasoning
The Court found that the Respondents violated the Petitioner's right to collective bargaining under Article 41 of the Constitution and that the Notice was issued in violation of the existing collective bargaining structures.
Outcome
The Petition against the 2nd Respondent is withdrawn, and the Petition against the 1st Respondent is allowed with the issuance of a permanent injunction.
Orders
- Notice of salary reduction declared unconstitutional, null and void
- Permanent injunction against the 1st Respondent to implement the Notice with Petitioner's involvement
- Costs to be paid by the 1st Respondent
Remedies
- Permanent injunction
- Costs to be paid by the 1st Respondent
Authorities cited
Legislation (2)
- Articles 10, 27, 36, 41, 47, 232, and 258 of the Constitution
- Section 10(5) of the Employment Act
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