The University Academic Staff Union has taken Meru University of Science and Technology (MUST) to court for failing to honour a collective bargaining agreement signed by public universities.
In a case filed under certificate of urgency, UASU accused the Meru University Council of frustrating the talks and refusing to negotiate with its internal members over the CBA.
The Union argued that MUST was a signatory to both the CBA and return to work formula signed last year, to end a strike that paralysed learning on public universities.
Through lawyer Titus Koceyo, the Union said that talks had started well until parties tabled their proposals.
However, Meru University later rejected the CBA and all steps the parties had taken claiming that there was no agreement with its chapter.
The lawyer said the argument is not only illegal and contradictory but also illustrates the attitude of the university towards its staff. He said that the institution had gone ahead and disregarded the return to work formula by victimising staff members, who took part in the strike.
Among the items in the return to work formula was that the lecturers would be paid for their full salaries for the months they were on strike. Further, the University has violated the lecturers’ rights by failing to promote them as agreed in the CBA.
“The respondents have victimised the Chapter by violating the guidelines by not giving them employment promotions through intimidation and harassment,” Mr Koceyo said in the application.
The Union wants the Employment and Labour Relations court to order the University compelled to start negotiations and implement the CBA signed between UASU, Inter-Public Universities Councils Consultative Forum and the Federation of Kenya Employers.
They also want MUST compelled to implement the harmonised criteria and guidelines for appointment and promotion of universities academic staff, which was issued by the Commission of University Education on October 27, 2014.
Meru University was a constituent college of Jomo Kenyatta University of Agriculture and Technology, when the 2013-2017 agreements were signed before it was given a charter in 2013.