By William Madouk
Advocate Marko Reech Chan, representing the former national staff of UAP Insurance Company, challenged the firm’s preliminary objections in the ongoing case.
Previously, the defense lawyer for UAP Insurance Company submitted a preliminary objection and comments regarding the lawsuit filed against the firm.
During the third session on Wednesday, Advocate Chan stated that he had provided their position statement in response to UAP’s objections, outlining the plaintiff’s stance on the matter.
“The session was set today for the reply to the preliminary objection and comment [by UAP], and we have proceeded as it is planned by the court,” he told journalists.
“The next session will be on the 25th of October, which is set for the issues concerning the point of law,” he added.
Besides, Mr. Chan cited that his statement contains a reply to what he terms ‘contradictory documents’ that were submitted by the defense lawyer and purportedly authored by the Ministry of Labor.
The defense lawyer in his initial account presented two papers—one ordering reinstatement with another approving dismissal of staff—but he said they are only aware of the first letter calling for the reinstatement of his clients.
“We have just got the first document [calling for reinstatement], and this is the point we are sticking to—the other issues we don’t know anything about,” he echoed.
When asked whether axed staff had received their benefits and the case was closed by the Labor Ministry, Chan said these are ‘baseless’ claims, adding that his clients opted for court because the labor docket did not resolve the matter.
“That one is going to be proved by them, but for our side, the case is still stuck at the Ministry of Labor up to the date we file our suit against the company,” he said.
“No, we are not aware of that one, and even our clients are not aware of that one; they are just hearing from them, but none has received [their benefit],” the lawyer added.
The plaintiff’s advocate emphasized that they are seeking the high court to declare the termination as ‘unfair’ and terminated national staff be reinstated back to their respective positions in the firm.
In October last year, UAP and its national employees were in dispute over unequal treatment and differing wages for nationals compared to their foreign expatriate counterparts.
That forced about 70 national staff to stage a sit-in strike, bringing the UAP business to a standstill.
UAP Insurance firm dismissed at least ten national staff for calling for improved pay. This was contrary to the Ministry of Labor’s order calling for the reinstatement of 10 fired staff.
This, however, forced the UAP National Staff Association (UNSA) to initiate a legal case against the insurance firm.
Labor verdict
Luka Nyarsuk Nason, Chairman of the Labor Advisory Council, in a letter dated September 29, 2023, asked the UAP management to also put on hold all administrative measures taken against staff.
In October, the Ministry of Labor delivered a long-awaited verdict against the pitting brawl between the UAP insurance management and national staff over unfair treatment and salary structure.
Mary Hillary Wani, the undersecretary in the Ministry of Labor on the resolution of the dispute over UAP national staff grievances, directed the UAP firm to instantly reinstate 10 national employees who were axed.
According to the labor ministry, positions for UAP staff who are physically working in Kenya will be advertised and nationalized.
However, this outlet establishes that none of the Ministry of Labor’s verdicts had been implemented by the UAP Company.