The Technical University of Mombasa (TUM) suffered a setback after its new academic policy requiring lecturers to teach four units per semester instead of three was suspended.
The Employment and Labour Relations Court in Mombasa said the university’s new academic policy was effected without consultations with the lecturers.
Justice Linnet Ndolo issued the temporary order following an application by Universities Academic Staff Union (Uasu) TUM chapter who are challenging the introduction of the academic policy.
“I have further found that the implementation of the said policy amounts to unilateral and detrimental alteration of the terms of employment of Uasu members,” said Justice Ndolo in her ruling.
The judge said that if the orders sought are not granted, the Uasu members will suffer irreparable harm, noting that they are employees who plan their economic and social lives based on their regular income.
“This would include part-time payments on account of the fourth unit and to take away this income without consultation has potential to occasion financial ruin to the Uasu members,” said Justice Ndolo.
She said the court did not find any specific consent to the proposal to increase units by the petitioner’s (Uasu) officials.
“From the evidence on record, the respondent (TUM) ignored the written views of the petitioner (Uasu) at every turn and went ahead to implement the new academic policy whose effect was to alter the terms of employment of the petitioner’s members to their detriment and without consultation,” the court ruled.
According to Uasu, it was not consulted regarding the implementation of the academic policy requiring lecturers to teach four units instead of three.
It argued that the new policy was being imposed and dictated on teaching staff who stand to suffer financial loss and low morale if it is implemented.
Uasu further argued that the policy runs to counter the employment terms and conditions of the affected lecturers.
On its part, TUM argued that it was necessary for it to come up with various cost cutting measures in order to meet its most urgent operational costs.
It further noted that part-time expenses continued to increase with academic staff taking more part-time units in and out of the institution hence an area highlighted as a way of cutting costs was through increase in teaching units.
The university also argued that the lecturers were consulted prior to the implementation of the new policy.
TUM said that it considered the views of Uasu which were deemed untenable because of its prevailing financial status, the need to make sound financial decisions and to operate optimally with the available funds.
It dismissed claims by Uasu members that they will suffer loss of income and earnings because the university will not pay for the extra one unit has no basis.
TUM argued that Uasu members who are its employees have terms and conditions of employment contained in their respective letters of appointment.
The institution accuses the lecturers of undertaking private business in a manner that is inconsistent with their employment as full time employees.
TUM argued that despite the increase in its budget, it was underfunded in comparison to the 2017/2018 financial year when it had an approved budget of Sh1.9 billion.
As a result, the institution said it had been unable to settle the bulk of pending bills, among them being part-time payments, which were in arrears by two semesters.
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