Employment Court orders counties to engage striking clinicians » Capital News
NAIROBI, Kenya, May 16 — The Employment and Labour Relations Court (ELRC) Wednesday ordered the Council of Governors (CoG) to continue scheduled talks with the Kenya Union of Clinical Nurses (KUCO) in efforts to end an ongoing strike.
Justice Byram Ongaya ordered that pending amicable negotiations and resolution of dispute, the respondents (County governments) are prohibited from harassing, intimidating, and punishing the union members.
“Continuing disciplinary process against union members on account of raising grievances in dispute and any proceedings is prohibited,” Justice Ongaya directed.
He slated the matter for mention on June 25.
The directive came as the Union commenced talks with the CoG on Tuesday to iron out outstanding issues and end an ongoing strike.
Contention
During the meeting, the two parties laid down issues up for discussion with KUCO insisting on honoring the 2021 Collective Bargaining Agreement (CBA) that settled on a risk allowance of Sh15,000.
The talks got underway even as CoG insisted its hands were tied on the matter arguing, the national government was better placed to respond to demands by KUCO.
“Collective Bargaining Agreement is not on the table so we hope that now we can be able to set the parameters on which part we are supposed to work on. We are two different governments with national government and, in our discussions, today let us isolate issues that we (counties) have to work on,” Governor Tharaka Nithi Muthomi Njuki, Chairperson of the CoG Health Committee, said.
Peter Wachira, KUCO Chairperson, said the union will engage the CoG further on Thursday despite the stance adopted by the Governors’ Council.
He insisted that discussions with the CoG must be anchored on the CBA.
“Governor Muthomi the CBA must be on the table because we have negotiated about 80 per cent of this. It is not something that can take us two weeks if we sit and negotiate with goodwill. And as a union we have good will,” Wachira said.