National Treasury secretary Henry Rotich (left) and investment secretary
Esther Koimet at past function. Former Telkom Kenya workers seeking a
Sh1.4 billion retirement payoff have lost a bid to enforce a settlement
agreement. PHOTO | FILE
NATION
Former Telkom Kenya workers seeking a Sh1.4 billion retirement payoff have lost a bid to enforce a settlement agreement.
High
Court Judge Alfred Mabeya declined to enforce a deal the 997 former
workers had entered with the telco, for failing to meet certain
requirements.
The Deed of Settlement dated August 8,
2014 required that the workers, through their lawyer, prepare and submit
to Telkom’s lawyers, duly executed consents withdrawing or marking all
pending cases they have against Telkom, as settled.
“It
was then that Telkom’s lawyers are enjoined to execute such consents
and file them in the respective suits. It is only then that the
obligations as to payments on the part of Telkom shall arise,” said Mr
Justice Mabeya.
TERMINATE SERVICES
The
judge said that a lawyer has an implied authority to enter into a
compromise on behalf of his client, adding, “this is a clear statement
of the law that does not require any authority”.
He
noted that it was not in dispute that the 997 former employees worked
with Telkom. That they offered their services as best as they could to
Telkom for which the company immensely benefited, until it decided to
terminate their services.
“It is regrettable that even
after two courts, the High Court and the Court of Appeal, have
pronounced that Telkom ought to pay the 997 former employees certain
monies, the company is still bent on postponing its day of reckoning,”
said the judge.
The workers were retrenched in 2006, but Telkom was found to have acted discriminatorily by the High Court.
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