Sam Kiplagat
25 June 2009
Nairobi — About six hundred retrenched Telkom Kenya workers on Thursday accused their former employer of lying to the court. Making their submissions in court on Thursday, the retrenched workers accused their employer of reneging on an already negotiated deal.
Through their lawyer Patrick Maina, the workers argued that the two parties had negotiated and agreed on the workers layoffs last year, but were stunned when the company reneged on the collective bargaining agreement (CBA).
Telkom Kenya moved to the Judicial Review Court after a judge of Industrial Court ordered it to reinstate the 597 employees until the deal was finalised.
By doing so, Telkom says, the Industrial Court acted in excess of its powers. And now, the employer wants the said workers kept away from their work place until their application has been heard and determined.
According to Mr Maina, all parties tabled relevant documents including Labour laws and CBA, only for the employer to disregard the deal.
He added that the parties had agreed on all terms to be paid including the golden handshake, transport allowance, outstanding leave and a tax waiver, and the only contentious issue pending was where to base their salaries.
He said that after failing to agree, the dispute was referred to the Industrial Court and a ruling was made. On April 27, the lawyer said, Mr Justice James Riika of the Industrial Court ordered the reinstatement of the workers until the dispute had been resolved.
However, instead of appealing against the ruling, Mr Maina said Telkom was trying to circumvent the law by filing a judicial review case. He said employees have been deprived of their rights and will continue to suffer if the Telkom suit is allowed.
On his part, Mr Orao Obura for Telkom said that it was the company that suffered and continues to suffer, following the Industrial Court's decision. He accused Mr Justice Riika of ordering the reinstatement of the employees before Telkom gave its part of the story.
He also faulted the Industrial Court for failing to observe some sections of the Employment Act. Lady Justice Roselyn Wendoh will give her ruling on the matter on July 29. The employees will still be jobless until the judge makes her ruling.
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