Our in house Lawyer Eddy Amadi, is representing more than 100 Teleposta pensioners at the Labour Court in a labour dispute against Teleposta Pensions Scheme.
Teleposta pensioners have pleaded with the Labour Court to uphold a decision by the Retirement Benefits Appeals Tribunal that they should be paid their dues amounting to billions after it ruled in favour of the retrenched employees in 2017.
A four-member tribunal had established that Trustees of Teleposta Pensions Scheme and Provident Fund had underpaid the 948 retrenched Telkom Kenya workers’ pensions.
However, a section of the pensioners now says they have not enjoyed the fruits of the judgment amounting to Sh7.2 billion since the board of trustees of the Teleposta Pension Scheme opted to challenge the verdict before the Employment and Labour Relations Court.
Lawyer Eddy Amadi argued in court papers that before appealing to the tribunal in line with the Retirement Benefits Act, they first sought audience before the Retirement Benefits Authority chief executive.
“The appeal before the tribunal was a second appeal, and therefore the case filed at the Labour Court amounts to a third appeal, which is not provided for in law,”.
“The Labour Court in the present instance lacks jurisdiction to hear and determine any dispute to retirement benefits or pension scheme and any appeal arising from a determination of the retirement benefits tribunal in connection with or relevant to such scheme.”
The pensioners point that if they are not enjoined, their rights will most probably be trampled upon as they were contributors to a scheme run by the board of trustees, Teleposta Pension Scheme.
“A great travesty of justice will occur if directions are not issued by the court that would see the 109 intended parties participate in these proceedings and have a lawyer of their choice represent them…They also stand to suffer great loss and damage and will be subjected to an immense psychological and financial loss unless the orders they seek, to be enjoined, are duly issued,” Amadi said.
