This archive report was first published on 4 July 2020.
Published on July 4, 2020, a Labour court in Kenya ruled against the Nairobi Hospital in a legal battle over the revision of its employees' working hours from 40 to 45 per week.
The court found that the hospital's move to revise the working hours without consulting employees was "unattractive" and a violation of the statutory requirement to consult with employees before making changes to employment particulars.
Justice Stephen Radido stated in his ruling that promotion of social justice in the workplace is recognized by the International Labour Organisation and that social justice cannot be realized without dialogue between the tripartite partners.
The ruling comes after the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) moved to court to stop the revision of working hours of the hospital's health workers.
According to a signed affidavit by Thuranira Kaugiria, the Nairobi KMPDU branch secretary, the hospital had informed its staff that those who fail to comply with the new policy may face adverse action, including citation, disciplinary action, victimization, and termination.
The hospital had sent a memo to its staff informing them that due to the nature of the hospital's operations as a 24-hour essential services provider, all employees are required to work 45 hours a week, or 180 hours per month, and be flexible depending on the required work arrangement and business exigencies.
Speaking to the Nation, Dr. Kaugiria emphasized the importance of employers regularly consulting with their employees before making decisions that directly affect them.
"Justice Radido has set precedence in employer-employee relationship. We are looking forward to further engagements with the Nairobi Hospital. This should be a warning to The Mater Hospital that has unilaterally amended doctor's contracts before engaging them," he said.
