Nairobi Club, ex-workers urged to negotiate on pay
Monday December 12 2022
Former employees of Nairobi Club and the management of the establishment have up to the end of January to calculate salary arrears and wages due to them after a judge rejected a claim of more than Sh438 million computed by the former workers.
The 35 individuals were sacked in January 2009 and after suing the employer, the court ordered their reinstatement and for the club to pay their wages and salary arrears.
Justice Jacob Gakeri heard that 49 former staff were reinstated after the court war but 35 declined the offer.
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Justice Gakeri said that the former workers did not comply with court orders issued in May 2013, in his view, they cannot purport to file computations for back wages and salary arrears without involving the club’s management.
“This matter can only be concluded through active engagement and participation of both parties. Unilateral actions cannot,” the judge said.
The former staff wanted the court to adopt their calculations for nine months’ wages of Sh21.2 million and a further Sh417.5 million arising from salary arrears as directed by the court in September 2009.
The court was told the former workers sued the Club for unfair termination of jobs and after hearing the case, the court directed the management to reinstate them with all back wages or salaries, privileges and other benefits within 30 days.
They accused the management of using court cases to deny them the fruit of their judgment.
And after allegedly failing to overturn the judgement, the club attempted an out-of-court settlement in 2012 by offering the employees nine months back wages, which they rejected and insisted on 18 months’ pay to be paid in instalments.
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The club said it had substantially complied with the order by reinstating 49 employees while 35 declined to resume work and the applicants were to blame for non-compliance with the court order.
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