Union fails to halt Utalii College new job grading structure – Business Daily
A judge has rejected an attempt by the Union of Kenya Civil Servants to stop the implementation of a new job grading structure at the Kenya Utalii College, which will expand it from 11 to 14 tiers.
The union had argued that a review of the structure was done without its input and that it would widen the salary gap between the highest-paid and the lowest employees.
The proposed changes, the union said, were also put on the table without the institution informing employees as required by the Employment Act.
Justice Ocharo Kebira, however, dismissed the application saying the union has failed to show its members will suffer if the proposed changes are not stopped until the case is concluded.
“The court has agonised over this matter, how does the 14-tier structure which, according to the Public Service Commission, is better than the 11-tier grading structure prejudice the Applicant’s members? What prejudice would an HR policy and Procedure Manual, a product of the approved grading system visit on the members of the applicant? The applicant is not clear on this,” the judge said.
The union wanted implementation suspended pending the determination of the petition. The court heard that implementation was agreed in a meeting held in April this year.
Mr Tom Odege said the college failed to follow the procedure in conducting the review of the HR instruments and did not consult its members, therefore their views and opinions were never taken into consideration.
He said failure to take its views amounted to violation of an important constitutional step of public participation.
The college said the grading structure was being implemented after a series of meetings, discussions and consultations with stakeholders.
The court heard that the development of the instruments was done by relevant government agencies including the State Corporations Advisory Committee (SAAC) and Public Service Commission (PSC) and there is nothing illegal about the process.
Further, the implementation of the 14-tier structure was approved by the College Council and the PSC advised that 11-tier was impossible to implement as it was too short for staff career progression.
→ [email protected]
