Tuskys Supermarket workers issued the management a 14-day strike notice on 29 March through Kenya Union of Commercial Food and Allied workers protesting unfair labour practices to shop stewards and other workers.
The workers are also objecting to the huge transfers of shop stewards, declining to recognise them as representatives of the workers, and unlawful threats to outsourced workers and disciplinary transfers.
“Upon the expiry of the said notice, workers will down their tools and take part in a protected strike without any further reference to you unless measures are taken to stop the employer’s unlawful action and outright defiance of the judgment of the court and unless the employer respects co-existence and mutual respect,” secretary-general Boniface Kavuvi stated in a notice to the retailer.
In a letter to the union dated 3 April, Terence Bavon, Tuskys’ legal officer, said the strike was unnecessary and there was no trade dispute.
“As per all employee employment contracts, management at its discretion may transfer employees from one branch to another. Shop stewards are first and foremost employees who are bound by their employment contracts and therefore may be transferred by management to any other branch,” Mr Bavon said.
“It is important to note that over 600 transfers have been effected in 2018 with only eight shop stewards being affected. This is a policy within Tuskys in line with best practices and is not the first time the company is effecting such transfers.”
On the matter of recognising workers’ representatives, Bavon said the management could not acknowledge the representative as elected and suggested that the union should conduct another election since the one carried out was not credible.
Additionally, Bavon said the management has no control over the disciplinary and transfer process of the outsourced workers because they are directly managed by the outsourcing firm.
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