In July, the Kenya Union of Commercial, Food and Allied Workers (KUCFAW) warned Tuskys Supermarket against sacking unionized employees.
On Wednesday, the Union moved to the Employment and Labour Court seeking orders to block planned layoffs at the struggling retailer.
That order was granted on Thursday.
In the ruling, Justice Stephen Radido declared the planned sackings as unlawful and non-procedural redundancies.
Further, the judge suspended the termination letters issued to targeted staff between September 17 and Monday this week.
The ruling shields the firing of 400 unionised staff at the retailer pending the hearing and determination of the union’s legal challenge.
In their filings in court, KUCFAW argues the redundancies goes against the Collective Bargain Agreement (CBA) signed on March 2017 which requires the employer to serve notice of the intention to declare redundancies.
The Union argued the decision to fire staff was arrived at ‘overnight’.
Moreover, the workers argue Tuskys has failed to abide by the principle of Last in First Out which would see long-serving staff spared from the cut.
Workers at Tuskys have been complaining of reduced or non-existent salaries. The goo that were targeted to be laid-off have called for the clearance of unpaid wages covering the month of August.
Unionised staff have 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.
Tuskys continues to struggle to pay supplier, landlord and salary dues even as it bets on a new Ksh.2 billion debt injection to stabilize operations.
Auctioneers have carted away goods from some branches in recent weeks.
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