After being dismissed in contravention of labour laws, the former employees of the Italian Space Agency (ASI) based in Kilifi County have taken the matter to court.
The workers allege that the agency and its labour contractor dismissed them without following the correct procedure. They argue that the dismissals were carried out in a manner that is not only unfair but also illegal since they violated the provisions of the Kenyan labour laws.
In addition, the employees claim that the decision has caused them a lot of suffering, with some unable to pay back bank loans or even meet the basic needs of their families.
According to the workers, the agency neither gave them any reasonable explanation for their dismissal nor allowed them to present their side of the story. They, therefore, contend that the agency did not comply with the established termination of employment procedures by, inter alia, issuing proper notices, engaging consultation and consequently holding a hearing.
Besides, they want to be remunerated for their last dues which are between Sh1. 4 million and Sh2. 4 million to each employee depending on their years of service and contractual obligations.
The former employees have stated that a number of them had faithfully served the agency over the years and had planned their finances based on the security of their jobs. They claim that the sudden firing has put their lives in chaos and their families in financial trouble.
The complaint also mentions the Italian Space Agency as well as the labour supplier who hired the workers and accuses them of being flagrantly negligent of the workers’ rights. The workers want the court to order the defendants to pay them all their arrears including notice pay, accrued leave, gratuity and unfair dismissal compensation.
Human rights groups have repeatedly pointed out that the main problems of the contract workers are insecurity of employment, lack of transparency and very weak legal protection. The court is likely to issue guidelines on the case within the next few weeks.
