The principle of equal pay for equal work of equal value has often been overlooked by employers who choose to employ contractors on a contract basis to perform duties, together with its other employees yet pay the contractors a different amount in salary and benefits than the employees. A clear case of unfair work practices.
The recent court decision in Omondi Justus Rang’anga & 28 others v KCB reiterated the issue and delved into the discrimination leveled by the employer.
As an employer, it is prudent to ensure the following;
1. All contractors and employees who have the same job title, KPIs, terms and conditions should be paid the same amount
2. Ensure accurate calculation of overtime pay.
3. Ensure that employees take up their leave days and in lieu of that, ensure pay in lieu of leave is settled at the end of each calender year.
Employers are encouraged to get adequate legal advice on employment contracts, whether fixed term or permanent in order to minimise the risk of litigation on its employee matters.
The full citation is included below for reference.
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