Murang’a University dons win case on workload
Lecturers take part in a strike. The High Court has urged university managers to promote dialogue with academic and non-academic staff.
Some 185 Murang’a University of Technology lecturers have won a case filed against the institution after the Employment and Labour Relations Court ruled that their workload was heavy.
Declaring that the constitutional rights of the lecturers should not be violated, Justice Anna Mwaure said consultations should take centre stage to avoid industrial revolts.
The ruling applies to lecturers in the country’s public universities.
Justice Mwaure quashed a decision by the university’s 83rd Senate Committee resolution which increased the number of units to be handled by every lecturer by two.
The committee said doing so would reduce cost incurred by the university in hiring part-time dons.
The court agreed with Mr Titus Koceyo, the lawyer for the Universities Academic Staff Union (Uasu) that the dons’ input and rights were ignored.
Justice Mwaure said the lecturers had proved beyond reasonable doubt that the university increased the units to be taught by Uasu members without seeking the union’s input on the best way to accommodate those teaching part-time.
Uasu had told the court that its members were being subjected to servitude as the extra services rendered were not being remunerated.
Mr Koceyo asked the judge to find that Murang’a University of Technology violated Articles 10,14.30(2),41,47 and 232 of the Constitution when it imposed extra teaching work on the dons.
Uasu, which petitioned the court for permanent relief, said the Commission for University Education (CUE) issued a circular and guidelines to public universities allocating a lecturer 40 hours of teaching and research per semester, which is equivalent to three units every semester.
CUE, the court heard, is required to discharge its mandate in compliance with the Constitution and the Employment Act.
“Murang’a University of Technology prepared the 83rd Senate Committee Resolution of April 6,2022, which resolved that faculties... are expected to take two additional units for part-timers with intent to reduce costs, effective Semester II of the 2022 academic year,” the Uasu lawyer said.
The union added that the university and CUE – the respondents in the case – blatantly violated the labour laws and the Constitution.
The union said it was neither consulted nor its opinion incorporated in the guidelines to its members.
It said there is a collective bargaining agreement (CBA) between it and public universities, which spells the terms of remuneration for its members.
“Murang’a University did not consult Uasu before coming up with the offending decision to compel lecturers to teach the part time students without additional remuneration,” the petition read.
CBA not disputed
In her 19-page judgement, Justice Mwaure said it was unconstitutional and unlawful for the university to demand that lecturers cover more work and teach part-time without involving their union.
The judge declare as null and void the 83rd Senate Committee Resolution.
Because of the judgment, lecturers will handle their units and research work as was the case before the resolution.
“Murang’a University of Technology breached the Employment Act,2007 which requires that an employer must consult the worker where changes are being made to certain particulars. It must be communicated to the employee in writing,” the judge said.
“The university and CUE have not disputed that there is a CBA, which guides how matters affecting working conditions and terms of service of academic staff should be handled.”
Justice Mwaure said consultation is a legal requirement in the employment arena and includes in issues of redundancy or changes of terms of employment.
“Uasu as a primary stakeholder was not afforded a reasonable opportunity to participate in the process,” she said.
She, however, declined to compel the commission to enforce the guidelines that lecturers undertake teaching and research work of 40 hours, adding that CUE does not involve itself in the day-to-day management of public universities.
The judge added that that is the duty of university senates and councils.
She directed the union and Murang’a University of Technology to bear their own costs in the litigation.
