Monday, August 1, 2016

Court suspends Ericsson sack letters as firm flouts order halting layoffs

Corporate News
Ericsson Kenya country manager Robert Rudin. PHOTO | FILE
Ericsson Kenya country manager Robert Rudin. PHOTO | FILE 
By BRIAN WASUNA
In Summary
  • 139 employees on June 7 obtained a court order barring Ericsson from implementing the sack before the firm has revealed the severance package it will offer to affected staff.

Over 100 Ericsson Kenya employees want the High Court to jail the electronics giant’s country manager and human resource manager for retrenching staff despite the existence of an order against the move.
The employees have got a greenlight from employment and labour relations judge Monica Mbaru to file contempt of court proceedings against country manager Robert Rudin and human resource manager Margaret Mutisya for issuing termination letters to 10 employees.
The 139 employees on June 7 obtained a court order barring Ericsson from implementing the sack before the firm has revealed the severance package it will offer to affected staff.
Justice Mbaru has further suspended the redundancy letters issued to 10 employees last week until the application for contempt of court has been heard.
“It is hereby ordered that in the interim Ericsson Kenya restores all the access rights to tools of work withdrawn. The leave to institute contempt proceedings acts as a permanent injunction only in terms of stoppage of the redundancy notices now issued to any employee and any claimant herein pending hearing of the claimants’ application,” ordered Justice Mbaru.
Mr Apollo Mboya who is the lawyer for the 139 employees wants the court to compel Ericsson to reveal how many staff will be affected by the retrenchment and the figure that will appear on their severance cheques before the process is implemented.
Employees who have already received their termination notices have, however, been asked to discuss with their line managers on when they will last be required to report to work.
Those who will work beyond July 31 will not be listed in the firm’s staff medical scheme. Those who work during the termination notice will be paid, but Ericsson’s contribution to their retirement dues will cease on July 31.
An internal newsflash dated May 27 sent by the firm’s head of human resources for sub-Saharan Africa Blair Mackenzie announced a “right-sizing” initiative within sub-Saharan Africa.
The electronics firm says the layoffs are in line with the company’s target to hit Sh106 billion profit globally.
“Ericsson announced a global cost and efficiency programm in 2014... This programme is on track but more remains to be done... As announced on April 21, we are implementing structural changes to further accelerate strategy execution and drive efficiency and growth even harder across the company,” said Mr Rudin.
The employees want to know the statutory actions and steps taken to effect the said voluntary and forced retrenchments, including notices and correspondences to the relevant authorities and targeted employees.
The employees have also queried Ericsson’s retention of foreign workers who provide services that could allegedly be offered by locals who are facing retrenchment.
Justice Mbaru last week ordered Ericsson to respond to the contempt of court application by August 18.

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