Win for public servants as court blocks revoking of non-practice allowance
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Employment court blocks SRC deciosion to scrap non-practice allowance awarded to Public servants
Employment court blocks SRC deciosion to scrap non-practice allowance awarded to Public servants.
The Employment and Labour Relations Court in a significant victory for public employees has blocked the Salaries and Remuneration Commission (SRC) from eliminating the non-practice allowance.
The non-practice allowance was intended to facilitate the attraction and retention of specific scarce and critical professional skills in public service.
The government at the time was concerned that skilled workers would enter the private sector, making it more difficult for the low-paying public sector to draw in top talent.
The SRC said that circumstances had changed in late-2017 proposals that they published, and suggested doing away with the non-practice allowance in addition to three other allowances: retreat allowance, institutional internal committee member sitting allowance, and task force allowance.
Justice Stella Rutto, however, determined that the SRC had overstepped its mandate when it suggested doing away with the allowance that public employees, like doctors and State attorneys, receive.
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This is due to the allowance is a crucial component of their employment, the property of their employer, and the result of collective bargaining in situations where a legally recognized trade union is present.
In a circular on November 25, 2022, addressed to county executive committee members and chairpersons of the public service boards, the SRC sought written submissions on the allowance for review, setting, and advice in the public service.
Justice Rutto, however, said SRC can only play its advisory role, where a term of service such as remuneration, has been set by the employer or negotiated and agreed upon between an employer and a trade union in the process of collective bargaining.
“In view of the foregoing, it is my view that the proposal by SRC to abolish the non-practice allowance currently paid to certain categories of public officers is tantamount to setting the terms and conditions of service in the public service,” the judge said.
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