By Dan Nyamanga
Gusii 7 October 2020 ………….There could be a sigh of relief for the over 350 sacked Kisii University employees after they moved to court to block the institution’s decision to retrench them.
In a letter sent to news rooms today (Wednesday) by the employees’ lawyer Danstan Omari, it demands that the University considers revising their earlier decision to send the workers home within 12 hours.
Omari, of Musyoki Mogaka company advocates,cited articles in the constitution which he says were violated through the University’s decision.
The institution said in their redundancy notice dated 30th September that the growth of the institution was not keen to commensurate with available resources to cater for the growing number of workers citing the Corona virus pandemic as one of the contributors to the low income fetched.
“The growth of the institution has not been keen to commensurate with available resources for the University and that revenue from the fees paid by the private sponsored students declined”, read part of the redundancy notice.
Omari argued that there was no valid and legitimate reason as to why the 350 could face the axe owing to the fact that Universities and Colleges resumed learning from Monday 5th and that that the decision could serve no purpose as the University indicated that it could outsource the services of the entrenched from an agency.
“There’s no valid and legitimate reason to effect the redundancy of the 350 employees as you have clearly indicated that you intend to outsource the same functions to an outsourcing agency which clearly demonstrates that there is work to be performed by the current holders of the said positions”, argued Danstan.
Omari wants the institution to withdraw the redundancy notice within 12 hours or move to court.He said the process was unprocedural, unlawful and unfair.
He said there was no prior warning of an impending redundancy which he said is violation of the employee’s rights to be heard as enshrined in the constitution of Kenya in article 50 and right to fair labor practice under article 41 of the constitution of Kenya.
This comes after several companies , firms and institutions in the Kenya laid off workers and introduced pay cuts as the Corona virus hit the world affecting several business.