“That tabulation by the respondent in the sum of Sh44.53 million is adopted by the court and a final judgment is entered by the claimant against the respondent in the said sum of Sh44.53 million,” the judge said.
The judge further ruled that all 68 workers should be viewed to have been terminated legally and all their terminal dues settled according to the Collective Bargaining Agreement (CBA).
Justice Onyango further ruled that each worker whose contract was illegally terminated should be paid compensation equivalent to 10 months' consolidated salary.
The judge ordered that the arrears of salary be paid together with salary withheld during the period.
The feud arose when the workers through their union stated that the Salaries and Remuneration Commission (SRC) had developed a model gross salary structure for State corporations that was supposed to be implemented by the respondent within a four-year cycle of 2017/2018 and 2021/2022, effective July 1 2017.
It further said that on July 31, 2018, KMC told the National Treasury in a report that all unionisable employees had been paid periodic gratuity up to December 2016 and that it was operationalising the pension scheme.
Further, on October 15, 2018, the aggrieved workers wrote to the SRC enquiring whether the proposed salary structure was applicable to unionisable employees since KMC had not implemented it.
They also wrote to the National Treasury informing them that KMC unionisable employees had not received gratuity as alleged by the respondent.
