Court orders dons back to class as universities given 30 days to counter pay proposal

March 16, 2018 1:03 pm
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The court found that the dons’ most recent industrial action is not protected in law/FILE

NAIROBI, Kenya, Mar 16 – Judge Onesmus Makau of the Labour Relations Court has directed University dons who are on strike to resume work on Monday. The judge has further given the government 30 days to give their counter proposal on the Collective Bargaining Agreement submitted by the dons.

Justice Makau has issued the directive after concurring with Inter-Public Universities Council Consultative Forum  that the ongoing industrial action is unprotected.

“In my view I find that the strike is not in compliance with the mandatory procedure provided in the Labour Relations Act , “he declared.

The Universities Academic Staff Union (UASU) which called for the strike had defended the move insisting it is legal and that provisions of the labour laws have been complied with.

The Union had further argued that the period within which parties had agreed to conclude the CBA discussion lapsed.

The council moved to court seeking a court declaration that the strike is illegal.

On its part, the Vice-Chancellors’ Committee says it was unlawful for UASU and the Kenya Universities Academic Staff Union (KUASU) to call the strike yet negotiations on the 2017-21 CBA are ongoing.

The dons commenced their latest strike last Thursday, just three months after calling off their last industrial action.

READ: University dons cave, call off month-long strike

They cited a lack of goodwill from the Inter-Public Universities Council Consultative Forum (IPUCCF) on the issue.

The court was told that students are in the middle of their school sessions and the unprotected strike will cause disruption, frustrations, hamper reasonable attendance to class as well as examinations.

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