Over 600 employees have take the National Social Security Authority (NSSA) to the High Court seeking to compel the authority to pay their 2016 bonuses.
Last year, NSSA did not pay out bonuses, arguing that it is not a right but a privilege. However, NSSA workers, through Mr Caleb Mucheche of Matsikidze and Mucheche Legal Practitioners, argue that NSSA’s employment conditions of service expressly state that annual bonuses are a right. Clause 32 of the NSSA Employment Conditions of Service relied upon by the workers reads:
Authority employees SHALL be paid annual bonus per terms defined by the Board from time to time.
In the court application, the employees argue that though the board can exercise its discretion on definition of bonus terms, the issue of payment of the annual bonus was in fact an obligation.