The Employment and Labour Court has blocked planned layoffs at Tuskys following a petition by the Kenya Union of Commercial, Food, and Allied Workers (KUCFAW)
In the ruling made on Thursday following the filing of the redundancies challenge as a matter of urgency on Wednesday, Justice Stephen Radido has stopped Tuskys from declaring unlawful and non-procedural redundancies.
Further, the judge has suspended the termination letters issued to targeted staff between September 17 and Monday this week.
The ruling is set to shield the firing of 400 unionized staff at the retailer pending the hearing and determination of the union’s legal challenge.
In their filings in court, KUCFAW says the redundancies go against the Collective Bargain Agreement (CBA) signed in March 2017 which requires the employer to serve notice of the intention to declare redundancies.
KUCFAW argues the decision to fire staff was arrived at ‘overnight’.
Additionally, the targeted employees have called for the clearance of unpaid wages covering the month of August.
The unionized staff has continued putting up a spirited fight against the troubled retailer with several other suits pending in the same court.
For instance, Tuskys is yet to agree to new CBA terms with the union employees covering the 2019-2021 stretch forcing KUCFAW to file a trade dispute at the employment court.
Similarly, the employees are in court to stop unilateral pay cuts while challenging an earlier move to declare 80 staff members redundant following the close of four Tuskys branches in Digo, Mtwapa, Tom Mboya (Nairobi CBD), and Kisumu Mega City.
Meanwhile, non-unionized staff including those subcontracted from firms such as the Artemis Outsourcing Limited.
Earlier in the week, Tuskys declared its intent to send hundreds of staff home over what is attributed as ongoing business operation realignments according to the termination letters. Tuskys continues to struggle to pay suppliers, landlord and salary dues even as it bets on a new Ksh.2billion debt injection to stabilize operations.Follow us in social media: