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Pay row: Dock workers want KFS top officials jailed
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|Pay row: Dock workers want KFS top officials jailed by Kenyans247(1): Tue 17, March, 2020 12:42pm|
Kenya Ferry Services (KFS) employees want the agency’s top officials committed to civil jail for failing to implement a 20 per cent salary increase awarded by the court.
The employees, who are members of Dock Workers Union (DWU) have instituted a contempt proceeding against KFS Managing Director Bakari Gowa and head of Human Resource Thomas Tuva Kenga.
They are accusing Mr Gowa and Mr Kenga of failing to effect the salary increase as had been ordered by Employment and Labour Relations Court Judge James Rika.
“The respondents have disobeyed a lawful order of this court, and such, actions are sanctioned by committal to civil jail. The respondents have the tendency of disobeying court orders and serious sanctions are necessary,” the applicants said.
The employees through advocate Leonard Ochieng' accuse Mr Kenga and Mr Gowa of processing and approving a payroll, which did not factor in the salary increase.
The contempt proceedings against the two, come barely two months after the court awarded the employees a pay rise based on the Collective Bargaining Agreement (CBA) that KFS had signed with members of the DWU.
Justice Rika had on January 28, awarded the employees a 20 per cent basic salary increase over the period 2015-2019, spread evenly at five per cent in each of the four years.
The employees had filed a suit against KFS seeking a 39 per cent pay rise but the court instead awarded them 20 per cent.
They also wanted an order directing KFS to collect revenues from all its services, so that it can effectively fund the CBA.
The matter was taken to the labour court after the parties failed to agree on a number of items.
The disputed items are basic salary, house, transport, leave and travelling allowances.
In an affidavit to support the contempt of court proceedings, DWU Secretary-General Simon Sang accuses Mr Gowa of authorising payment of salaries, which failed to comply with the orders of the court.
He said that despite being served with the court documents detailing the increment, the two proceeded to make payments in disregard of the same.
“To my surprise, the two processed a payroll, approved and authorised payments, while disregarding the award of the court contained in the decree,” he said
The contempt proceeding has been certified urgent and fixed for hearing on March 16.
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