The Employment and Labour Relations Court in Mombasa has issued orders restraining the management of the Kenya Marine and Fisheries Research Institute, KMFRI from effecting stoppage of employees’ monthly medical allowance until the full hearing and determination of a pending case.
Achaha also wondered why KMFRI moved unilaterally to issue the internal circular to all staff notifying them of the stoppage of monthly medical allowance
The orders were issued on March 16 2017 by Justice Rika after the Union of National Research and Allied Institute’s secretary general Zacharia Achacha went to court to protest against an internal circular dated February 22 2017 to the effect.
The circular which was addressed to all KMFRI staff in Mombasa, Nairobi, Sagana, Baringo, Naivasha, Kegati, Sangoro and Turkana was signed by Sabrina Fitzwanga.
The circular reads in part: “This is to bring to your attention that the monthly medical allowance that you have been receiving through payroll shall be stopped with effect from March 1 2017. Please note that this change is due to the introduction of the new NHIF medical cover”.
In a sworn affidavit, Achaha claimed that the parties have a valid collective bargaining agreement that was signed on July 17 2013 and that it cannot be withdrawn without invoking Article 16 of the same CBA.
In the sworn affidavit, Achaha also wondered why KMFRI moved unilaterally to issue the internal circular to all staff notifying them of the stoppage of monthly medical allowance without the courtesy to notify Unrisk.
The sworn affidavit also further reads: “The respondent’s intention is tantamount to breach of the terms and conditions of contract, so, without a restraining order, the respondent may arbitrarily proceed to stop payment of medical allowances which would greatly infringe her employees’s legal and constitutional rights that may cause irreparable loss and damage”.