MEMORANDUM OF AGREEMENT
BETWEEN
MOUNT KENYA GAME RANCH LTD (CONSERVANCY)
(HEREINAFTER REFFERD TO AS THE COMPANY)
AND
KENYA GAME HUNTING AND SAFARIS WORKERS' UNION
(HEREINAFTER REFFERED TO AS "THE UNION")
IN MATTERS OF TERMS AND CONDITIONS OF EMPLOYMENT
EFFECTIVE 1ST OCTOBER 2010 TO 30th SEPTEMBER 2012
1.PREAMBLE
The terms and conditions of employment set in this agreement shall be observed by both the union and the company and shall apply to all unionisable employees covered by the Recognition Agreement as per the Industrial Relations Charter.
2. PROBATIONARY PERIOD
a) All permanent and pensionable employees will be put on probation for three months irrespective of their grade.
b) During this period, either side can terminate the service by giving seven days notice or pay in lieu thereof.
3. HOUSE ALLOWANCE
The company shall pay house allowance of 15% of the basic pay to unionizable employees who are not housed.
4. HOURS OF WORK
a) The hours of work shall consist of 45 hours spread over six days of the week. This shall apply to all staff of the conservancy except night guards.
b) For the night guards, the hours shall consist of 60 hours spread over six days.
5. OVERTIME
Overtime shall be paid at the rate of one and a half (1½) for normal working days and double for gazetted Public holidays and on weekly-allocated rest days.
6. BASIC MINIMUM WAGES
(A) All unionizable employees upon joining the company will receive minimum wages 01 10% over the Regulations of Wages (Agricultural Industry)Order as amended time to time.
| GRADE A
Unskilled employees Gardener General Labourer |
3,682 |
| GRADE B
Watchman Stockman |
4,252 |
| GRADE C
Foreman O p attendant |
7,338 |
| GRADE D
Supervisor Driver/Mechanic |
7,637 |
(B).GENERAL GEN ERAL WAGES INCREMENT
All unionisable employees who were and are in the employment as at 1" October 2010 shall receive general wage increase of 10% to cover the period 1st October to 30th September 2011. They shall receive a further 10°/o increment with effect from 1st October 2011, to cover the second year of the agreement.
7. PROMOTIONS AND GRADES
a) Whenever vacancies arise, priority will be given to existing employees to fill it. Factors such as skills, ability, honesty, length of service and qualifications will be taken into account.
b) If a position is not filled from within, the company will opt for external recruitment.
8. ACTING ALLOWANCE
Where an employee is required to work for a period of not less than 15 days in an occupation or grade for which the basic minimum wage is higher than the basic wage normally earned by the employee, he shall be paid an acting allowance at a rate not less than the difference between that of the higher basic minimum wage and his basic wage.
9. TERMINATION OF EMPLOYMENT
a) It shall be a condition of every contract of employment that the contract shall be terminable by not less than one month's notice to be given by either party in writing or otherwise by the payment, by either party in lieu of notice, of not less than one month's wages; but nothing shall prejudice the right of either party to terminate a contract summarily for lawful cause.
b) An employee so terminated is entitled to15 days gratuity for every completed year of service.
10. SYSTEM OF WARNINGS
An employee whose work or conduct is unsatisfactory or who otherwise commits a misconduct, which, in the opinion of the employer, does not warrant instant dismissal, shall be warned in writing and the following procedure shall apply:
a) The first and second warnings shall be recorded in the employee's employment record and the union shall be informed accordingly.
b) If an employee with two written warnings commits an offence within 12 months from the date of the second warning, an employee will be liable to summary dismissal.
c) If an employee completes 12 months without further warning from the date of the second warning, warning records entered in his employment record shall be cancelled.
d) The first and second warnings letters will be copied to the General Secretary, Branch Secretary and the Chief Shop Steward.
11. DISMISSAL FROM EMPLOYMENT
a) Dismissal from employment shall be conducted in accordance with the Employment Act, 2007, Section 44.
b) The union shall be informed of such dismissals with reasons.
c) An employee alleged to have committed gross misconduct shall be allowed an opportunity to defend himself within a period of 48 hours of receiving the punishment. This period is not necessarily imposed as a rigid maximum but an employee can request for a reasonable extension to enable him complete his statement of explanation. Severance pay will not be payable in cases of summary dismissal for gross misconduct.
12. SUSPENSION
a) An employee suspected of having committed a serious offense may immediately be suspended from duty pending investigations.
b) The company shall investigate the reasons leading to suspensions and appropriate action taken within 30 days.
c) During the period of investigation the employee shall be entitled to his/her full pay for the first 15 days and half pay for the next 15 days.
d) Where the employee's case is under investigations by the police or pending before a court of law, the employee's suspension shall be extended with no pay until the results of the police investigations or the court decision are made known. Should the employee be found to have committee the alleged offence either through the police or the court of law, the employee shall be summarily dismissed with effect from the date of the court's decision or police recommendation.
e) If the employee is found innocent he/she shall be reinstated to his/ her position.
13.RESIGNATION FROM EMPLOYMENT
When an employee resigns from employment without offence, he/she shall be paid a gratuity of 15 days for every completed year of service.
14. RETIREMENT
a) The retirement age is 60 years.
b) Retirement benefits and gratuity of 15 days for every complete year of service shall be paid.
15. REDUNDANCY
Where the employment of an employee is to be terminated on account of redundancy, the following principles will apply:
a) The Union and Labour Officer of the area shall be informed of the reasons for and extent of, the intended redundancy.
b) The employer shall have due regard to seniority in time and to the skill, ability and reliability of each employee belonging to a particular category of employees affected by the redundancy
c) A redundant employee shall be entitled to one month's notice or one month's wages in lieu of notice.
d)) An employee declared redundant shall be entitled to severance pay at the rate f 15 days for each completed year of service.
16.CERTIFICATE OF SERVICE
An employee shall be given a certificate of service by the company as indicated in the Employment Act 2007.
17. ANNUAL LEAVE
a) After every twelve months of continuous service with the Company, an employee will be entitled to an annual leave of 22 working days with full pay.
b) Where employment is terminated after the completion of two or more consecutive months' service during any twelve months' leave earning period, an employee shall be entitled to pro rata leave with full pay for each completed month of service in such period.
18.SICK LEAVE
After two months of continuous service, an employee shall be entitled to sick leave as follows:
a) All employees who fall sick must seek medical treatment and a medical certificate obtained from a duly qualified medical practitioner covering the period of sickness.
b) All absences due to sickness must be supported by a certificate from a doctor or staff nurse and must be presented to the company at the earliest opportunity but in any case within a period of 48 hours.
c) When an employee fails to submit such certificate, he shall be deemed to have absented himself/herself from work without authorization.
d) First 60 days on full pay and a maximum of 45 days on half pay during any twelve months period.
19.MATERNITY LEAVE
A female employee shall be entitled to 3,months maternity leave with full pay and shall not forfeit her annual leave for that year.
20. COMPASSIONATE LEAVE
An employee desirous of taking leave on compassionate grounds shall by prior arrangement with the Company be granted such Leave up to his/her earned annual Leave entitlement and leave taken shall be subsequently set off against his/her annual leave.
21. LEAVE TRAVELLING ALLOWANCE
Employees employed continuously throughout the calendar year travelling on Annual Leave shall be entitled to an Annual Leave travelling Allowance of Ksh.3,000/-.
22.MEDICAL TREATMENT
(a) out patient
Medical attention shall be provided in accordance with Section 12 of The Employment Act, 2007, Section 34 as read together with the Medical Treatment Rules, Legal Notice No.157/1977).
(b) In patient
The employees will be treated/admitted in Government hospitals. The expenses shall be met by NH1F and the balance up to a maximum of Ksh.100,000/- per year by the employer.
23.DEATH OF AN EMPLOYEE
a) Where an employee dies whilst in the service of the company, the employer shall as soon as is practicable inform the next of kin and also give notice to the Labour officer, or the District Commissioner of the district in which the employee was employed.
b) The company shall pay to the Labour Officer or District Commissioner, as the case may be, all wages due to the employee for transmission to the person legally entitled thereto.
c) Should any employee in the course of his employment, be killed or incapacitated by injury for a period exceeding three days, the employer shall, as soon as practicable, send to the Labour officer or, if there is no Labour officer, to a District Commissioner a report in the prescribed form.
d) When an employee dies or is killed in the service of the company, the employer shall contribute a sum of Kshs. 65,000/= to assist in funeral expenses inclusive of costs of transportation.
24. TRANSFER ALLOWANCE
Any employee who is transferred to another duty station shall be entitled to transfer allowance as follows:
a) One full month's pay subject to all applicable leave.
b) Bus fare for himself, spouse and children.
25. INJURY
Any injuries by accidents arising out of and in the course of the employment caused to an employee shall be dealt with in accordance with the provision of the Work Injury Benefits Act, 2007.
26. SAFARI ALLOWANACE ON OUT OF DUTY STATION ASSIGNMENTS
a) When an employee is on duty within Nanyuki town, overtime will be applied alone.
b) Employees disposed outside Nanyuki will be paid Ksh.1,500/- per night while those within the Game Park will be paid Ksh.1,000/- per night.
c) Meal allowance will be paid at Ksh.250/- when out of Nanyuki town. This allowance applied to drivers, mechanics, trappers, ahd scouts outside Mount Kenya Game Ranch area.
27. ANNUAL BONUS
The Company may at its discretion give annual bonuses to employees at the end of the year.
28.SHOPSTEWARDS' EDUCATION
The company will allow a shopsteward reasonable time off to attend trade union courses organized by COTU (K) with full pay after sufficient notice has been given to the Company. The Union will take full responsibility of the shop stewards subsistence whilst attending those courses or meetings related to the union.
29. EFFECTIVE DATE AND DURATION OF AGREEMENT
This Agreement will be effective from 1ST October 2010 and shall remain in force for 2 years. Thereafter, it shall continue to be in force until it is amended by mutual agreement between the two parties.
SIGNED: FOR AND ON BEHALF OF THE COMPANY
…………………………………………
MR. DON HUNT –CHAIRMAN
………………………………………………………….
MR. D. BUNGE- WILDLIFE MANAGER
SIGNED: FOR AND ON BEHALF OF THE UNION
…………………………………….
MR. J.M. NDOLO
GENERAL SECRETARY
…………………………………………………………
MR. JAMES KINYUA-CHIEF SHOPSTEWARD
IN THE PRESENCE OF:
GEORGE R AMBUCHE
INDUSTRIAL RELATIONS OFFICER
FEDERATION OF KENYA EMPLOYERS
SIGNED ATTHISDAY OF2012
