Industrial Court Judge, Justice Nduma Nderi who has blocked Salaries and Remuneration Commission from reviewing contractual terms of employees of Transition Authority.
BY SAM ALFAN.
Industrial Court has restrained Salaries and Remuneration Commission from reviewing contractual terms of employees of Transition Authority.
Justice Nduma Nderi said that pending the hearing of the application filed by the Authority there should be no interference of the intended increment of salaries of the applicant.
The Transition Authority moved to court after it learned that the Salaries regulatory body had written a letter to Ministry of Devolution and Planning, The National Treasury and the office of Controller of Budget declining the said increment of salaries of the employee of the Authority.
Lawyer George Murugu Muthui for the petitioner told the court that the commission has advice the ministry of Planning and Devolution not pay its employees their contractual remuneration, saying that the national treasury and the controller of budget are likely to adopt the same decision if the same is not halted.
He further argued that,the Authority is in real danger of facing multiple suits by its employees if the decision of the commission is not acted in time.
“The applicant will be faced with mass employee exit which shall render it incapable of discharging its duties” said lawyer Muthui
Justice Nderi said that failure and inability of the Authority to discharge its duties will impact the public as it affects the running of both the national and county government during the transition period.
The court heard that the salary structure recommended by the commission was issued almost a year after the applicant’s board approved and adopted a salary structure and proceeded to recruit its staff.
The commission’s recommendation as proposed is irregular and irrational and has drastically reduced the salary of the applicant’s staff which is in absolute violation of their legitimate expectation.
The judge directed the applicant to serve all the respondents and the matter set for hearing by all parties on February 19.