Employees who have been on contract for a long time will now have the right to be considered permanent and pensionable.
The Court of Appeal has declared that employees have a right to be accorded dignity and certainty in their work, upholding a High Court decision that found the same. This is seen by analysts as a significant victory for workers.
The decision by Court of Appeal justices Daniel Musinga, Fatuma Sichale, and Hellen Omondi will provide relief to thousands of voiceless employees.
The court ruled on Kenyatta University’s appeal of a labour court decision in favor of employee Esther Njeri Maina.
Maina had sued KU for failing to recognize her as a permanent employee despite having worked for the university for nine years.
She began working at the institution as a secretary on casual basis in 2009, and on July 19, 2018, she was asked to sign a season contract alongside other casual employee.
She claimed she was forced to sign the contracts and that she was not entitled to sick or maternity leave.
On September 26, 2018, she was forced to sign a new contract, which became effective on October 1, 2018.
At the time of signing the contract,she informed KU administration that she did not understand the contract and that salary and maternity leave issues were unclear.
The labor court agreed with her, ruling that the university had violated her right to fair labor practices.
It ruled that because Maina had worked for the institution for nearly a decade, she was automatically deemed to be on permanent and pensionable terms, and her remuneration and benefits should reflect this.
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