BY SAM ALFAN.
A judge has stopped United State University- Africa from reducing lecturers’ salaries pending the determination of a case they have filed.
Justice Onesmus Makau stopped the institution from effecting the pay cuts, as contained in a letter sent to the lecturers on August 31. The pay cuts were to take effect from September 15.
Some 54 lecturers led by Prof Maina Muchara moved to court seeking to suspend the move and also bar the institution from terminating their services or interfering with their terms of employment, pending the determination of the case.
In the letter, USIU-A also wrote to the Chairman of the Board of Trustees of USIU Staff Retirement Benefits Scheme, seeking to suspend remitting their contributions for a period of four months.
But the lecturers said the move was made without consultations. “Unless the Notice of Motion application is heard during the current court vacation and Orders sought herein are granted at exparte stage, the Applicants stands to suffer irreparably as the 1st Respondent shall proceed and effect its intention of effecting salary deductions and stoppage of benefits of the Claimants,” the application reads.
Some of lecturers include Prof James Ngari, Prof Francis Wambala, Emma Wamai, Joseph Nyanoti, Jane Muasya, Benard Messiah, George Achoki, Wanjiku Mbugua, Jeremiah Koshal, Githaiga Njoroge, Elizabeth Ntambi and Naumi Noah.
They argue that on or about August 31, 2020, they received individual letters from the USIU and vice Chancellor indicating that they would be subjected to salary cuts with forfeiture of entire benefits allegedly owing to the effects of the Covid-19 pandemic and are required to sign the letters accepting the said move by Tuesday, September 15, 2020.
“The Applicants herein are core staff at the university who are all attending the normal teaching duties even after the first case of Covid-19 was reported in Kenya which duties are proceeding normally albeit virtually with normal student enrolment rates with payment of full fees complete with enrolment of new students”, adds the lecturers.
They argue that they are aggrieved by the said abrupt decision and have challenged the University to vacate its position of requiring them to agree to salary cuts by September 15, 2020 to allow for further consultations but the University is still adamant on proceeding with the said move necessitating the filing of this suit and seeking urgent protection orders from this Honourable Court.
They are apprehensive that come the Tuesday, September 15, 2020, USIU Africa University shall proceed and effect deductions of salary and forfeiture of benefits which will not only render the Application nugatory but also cause financial hardship and embarrassment to the Applicants who have continued to discharge their teaching duties with utmost diligence.
“The University has already written to the Chairman of the Board of Trustees of USIU Staff Retirement Benefits Scheme to the effect that the Respondent had resolved to suspend the employer-employee contribution for a period of 4 months and the same was written without consultations with the Claimants.
This is patently illegal since the Retirement Benefits Authority (RBA) has issued a Circular dated 23rd April 23,2020 which requires the employer to seek consensus of the members which should be evidenced by members signatures or a joint affidavit by the employer and the trustees. This has not happened”, adds the lecturers.
Another key benefit that will be withdrawn or suspended effective September 15, 2020 is Employee-Tuition Waiver (ETW) which will have serious implications on the children of the Applicants studying at the Respondent at the moment.
Such a move of doing away with the ETW needs sufficient notice to enable the Applicants with own children in class to transfer the children to institutions they can afford. Deducting salaries from the Applicants and further requiring them to pay Tuition fees for their children in the range of Kshs. 120,000.00 to Kshs. 130,000.00 per semester is unfair.
“We would suffer irreparably should they be compelled to take irredeemable salary cuts and have their entire benefits suspended yet they incur personal expenses to carry out or ensure smooth running of the online classes which have normal student enrolment rates with almost zero fee rebates”, adds lecturers.
