The High Court has stopped USIU- Africa from reducing lecturers’ salaries pending the determination of a case they have filed.
In his ruling, Justice Onesmus Makau of the Employment and Labour Relations court stopped the institution from effecting the pay cuts as contained in a letter sent to the lecturers on August 31. The pay cuts were to take effect from September 15.
“l hereby issue an ex parte interim injunction restraining the university, Zeleza, their servants or agents from proceeding with intended deduction of lecturers’ salary and benefits communicated through the letter addressed to each of the claimants or in any way intimidate, terminate dismiss or interfere with the existing employment terms and conditions pending the hearing and determination of this application,” Justice Makau ordered.
Some 54 lecturers led by Prof Maina Muchara moved to court seeking to suspend the move and bar the institution from terminating their services or interfering with their terms of employment, pending the determination of the case.
They included Prof James Ngari, Prof Francis Wambala, Emma Wamai, Joseph Nyanoti, Jane Muasya, Benard Messiah, George Achoki, Wanjiku Mbugua, Jeremiah Koshal, Githaiga Njoroge, Elizabeth Ntambi and Naumi Noah.
In the letter, USIU-Africa also wrote to the chairman of the Board of Trustees of USIU Staff Retirement Benefits Scheme, seeking to suspend remitting their contributions for a period of four months.
But the lecturers said the move was made without consultations.
“Unless the Notice of Motion application is heard during the current court vacation and Orders sought herein are granted at exparte stage, the Applicants stands to suffer irreparably as the 1st Respondent shall proceed and effect its intention of effecting salary deductions and stoppage of benefits of the Claimants,” the application reads.
The dons argued that on or about August 31, 2020, they received individual letters from the vice Chancellor indicating they would be subjected to salary cuts with forfeiture of entire benefits owing to Covid-19 pandemic impacts. They were required to sign the letter to accept the pay cut by September 15, 2020.
They argued that they were aggrieved by the abrupt decision and challenged the University to vacate its position of requiring them to agree to salary cuts by September 15 to allow for further consultations. The university, they said, was adamant on proceeding with the move.
The university had already written to the USIU Staff Retirement Benefits Scheme Board of Trustees chairman to the effect that it had resolved to suspend the employer-employee contribution for a period of four months.
"This is patently illegal since the Retirement Benefits Authority has issued a Circular dated April 23, 2020, which requires the employer to seek consensus of the members which should be evidenced by members signatures or a joint affidavit by the employer and the trustees. This has not happened,"the lecturers say.
Another key benefit that was to be withdrawn or suspended was employee-tuition waiver, which the dons said, would have serious implications on their children studying at the institution.
Edited by EKibii
