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Naivasha’s flower firm faulted for firing workers unlawfully

NAIROBI, Kenya, Nov 27 – A parliamentary committee has accused Bohemian Flowers Limited of unlawfully dismissing, suspending and declaring redundant hundreds of workers in Nakuru County, citing serious breaches of the Employment Act and poor communication that left former employees unable to access their pension savings.

Findings by the National Assembly’s Select Committee on Implementation show the company failed to follow due process in multiple labour actions, echoing earlier conclusions by the Ministry of Labour.

“Bohemian Flowers Limited did not follow due process in terminating employees, particularly in handling suspensions, disciplinary hearings, and redundancies,” the Committee stated, noting that many grievances raised by workers remain unresolved.

MPs added that 21 petitioners were unfairly linked to a December 2022 strike without being granted fair hearings. The biometric attendance system introduced after Bohemian took over from Oserian Farm was identified as a key trigger of the dispute, following poor sensitisation and concerns over reduced pay.

The report also faulted the company for failing to properly communicate changes to the staff pension scheme during the transition from Kenindia Assurance to GA Life Insurance, leaving many former employees unable to access their savings.

The petition, filed on December 5, 2023, by 589 former workers, alleges unlawful dismissal, unfair redundancy procedures and suspensions tied to a strike they deny participating in. Some workers said they only learned of their dismissal through public notices, while others said disciplinary records hindered them from securing new jobs.

Bohemian Flowers told MPs it inherited an oversized workforce and blamed the disruption on an illegal strike that damaged property. It attributed pension delays to the transition between insurance providers.

The Ministry of Labour confirmed that the company failed to comply with Section 40 of the Employment Act when declaring redundancies, and that several dismissals and suspensions were carried out without proper hearings.

The Committee has recommended that the Ministry of Labour and Social Protection help the affected workers secure redress within 60 days, upholding the Labour Office’s finding that due process was breached.

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