State parastatal Geothermal Development Company has
asked a court to dismiss a petition filed by 62 of its employees, arguing that
the workers are pushing a selfish agenda designed to keep union benefits while also
enjoying management perks.
The company said the employees, who were redesignated
from Grade 8 (unionisable staff) to Grade 7 (management), now want to cling to
allowances reserved for union members under the Collective Bargaining
Agreement, such as overtime, while at the same time, they are still pocketing
higher salaries, house allowance, and commuter benefits given to employees in
the management team.
In affidavits filed before the Employment and Labour
Relations Court in Nairobi, GDC argues that it is standard human resource
practice worldwide that management staff are not entitled to overtime pay.
The company says it had instead introduced a call-out
allowance for managers who work beyond normal hours.
The state-owned firm has also defended its medical
scheme, explaining that while unionisable employees can cover a spouse and six
children, management staff are entitled to fewer dependents: a spouse and four
children, but with superior benefits for each beneficiary.
On hardship allowance, the company argues it is bound by government directives, including those from the Salaries and Remuneration Commission, which has regularised the allowance at Sh12,300.
Through lawyer Cecil Miller, the company further there
has been no gazette notice or SRC circular authorizing an increase in house
allowance for workers in Nakuru from Sh35,000 to the Sh40,000 as is payable to
Nairobi employees, despite Nakuru’s elevation to city status.
The company added that the High Court has already
suspended new management guidelines issued in May 2024, making some of the
employees’ prayers legally untenable.
“The petitioners want to retain union benefits while
enjoying management privileges and at the same time block new graduates with
similar qualifications from earning equally,” GDC says in its affidavits.
The company warned that taxpayers risk losing money
that cannot be recovered if the petition succeeds.
The workers, led by lawyers Evans Kimaiyo, had earlier
sued the company, accusing it of unfair labour practices and discrimination.
They argue that their redesignation to management
stripped them of allowances they previously enjoyed under union terms, leaving
them disadvantaged compared to their peers in similar state corporations.
They also faulted the company’s medical scheme,
claiming that management cover is inferior to that of unionisable staff, and
insisted that the changes breached their constitutional rights to equality,
fair labour practices, and fair remuneration.
The petitioners want the court to either reinstate them to union terms or compel GDC to harmonise their pay and allowances with those enjoyed by other public sector workers in comparable grades.
