Mombasa beach hotel workers protest delayed CBA implementation

Irate Mombasa Beach Hotel workers on Monday staged a protest outside the hotel demanding the full implementation of their Collective Bargaining Agreement.

The enraged workers accused the hotel management of failing to implement salary increases as outlined in the 2019-2020 CBA.

On Monday, the workers protested at the hotel forcing police officers from Nyali police station to be called in to maintain order.

Addressing the media, they called on the Kenya Union of Domestic Hotels, Educational Institutions, Hospitals and Allied Workers (Kudheiha) to intervene and address the matter immediately.

“All matters concerning Mombasa Beach Hotel staff welfare shall be handled by the Mombasa Kudheiha branch as clearly indicated in the dispute resolution procedures unless advised otherwise,” said Jackson Malingu, one of the staff.

Malingu said that the management had refused to implement the CBA, and was instead using the 2017-2018 CBA leading to the laying off of staff.

He said that their salaries were intentionally being delayed, an issue he said was killing the morale of workers.

“Some of the managers are harassing and intimidating staff in the hotel corridors. Some even overlook staff, especially the junior ones when it comes to discharging duties as they seek preferential treatment at the expense of guests,” said Malingu.

The workers also want an audit to be carried out on the entire team of management because of the alleged misappropriation of money.

The workers also complained about the issue of complimentary tickets, saying there were too many during this time leading to delays in staff salaries.

They also accused the management of nepotism in promoting staff, saying that only those from their community had been receiving promotions.

In a letter dated June 15, 2022, the workers had written to the management calling for immediate action in addressing the issues raised.

According to the workers, in 2019, the hotel withdrew its membership from the Kenya Association of Hotelkeepers and Caterers (KAHC) and as a result, affected the implementation of the CBA.

“This matter resulted in a dispute, and concerned parties that are the staff, hotel and union were invited to a meeting with the county Labour officer on November 14, 2019, to resolve the issue,” said Malingu.

He added that, vide a letter dated December 9, 2019, the Labour officer advised the parties to hasten negotiations and have a new CBA by the beginning of 2020.

However, the workers said that the hotel used delayed tactics occasionally postponing meetings unjustifiably.

In a letter dated February 20, 2022, the county labour office faulted the hotel for abandoning the process to resolve the looming impulse.

“This matter originated from the implementation of the CBA which was later abandoned.  It has therefore taken quite some time. You are hereby advised that should you fail to agree, either of the parties may report the dispute to the Cabinet Secretary under section 62 of Labour Relations act 2007,” reads part of the letter.

“The union may also refer the matter to the Employment and Labour Relations Court under section 74 of the same Act.”

Kudheiha had in early 2020 signed a recognition agreement with the hotel, allowing the workers to give a 14-day ultimatum from the date of new CBA negotiations.

Failure to that, the union then would refer the matter to the Employment and Labour Relations Court within 21 days from the date of the letter.

Mombasa Beach Hotel General Manager Joseph Ndunda, who was dragged out of his office by the staff members, said the protest was illegal.

“I cannot talk for now, but whatever is happening here is illegal,” he said.

WATCH: The latest videos from the Star