Kenya Union of Commercial Food and Allied Workers (KUCFAW) has warned Tuskys Supermarket against effecting the unpaid leave directive that was communicated to staff a few days ago.
‘Take notice that should you authorise the ill-advised action to be implemented, we shall have no other recourse but to institute contempt proceedings against you and any of your agents or assigns who are bent on disobeying the courts and its orders”, the letter dated 3rd July 2020 as seen by kenyanbusinessfeed.com stated in part.
In late June, Tuskys was stopped from sacking 80 of its employees.
The union had gone to court to seek orders from the court to stop Tuskys Supermarket from sending home the employees without following proper procedure.
That time, the union also wanted the court to compel Tusker Mattresses Limited to reveal the criteria being used to layoff employees.
However, fast forward to two weeks, Tuskys wrote a memo (attached below) asking all staff to agree to an unpaid leave staring the month of July 2020.
The Union stated, “This is to remind you that pay cuts or salary reductions is a subject matter in Cause No. 199 of 2020 where there is an Interim Order issued and dated 3rd June 2020 to the subsist until ruling date. Further, there’s no mutual agreement to send employees on mandatory unpaid leave. Your intended action through the Regional and Branch Managers is in disregard of the Court order which is in your possession”.
KUCFAW further warned, “it is worthy to remind you that we have time and again invited you to dialogue on this matter to realize a consensus, which call appear to have been ignored in the false hope that it is your position which must carry the day”.
It remains to be seen if Tuskys will go on with the unpaid leave directive.
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