The workers are the focus of a worldwide campaign of support, after eighty truck drivers protested in March 2015 against 24-hour shifts and poor working conditions. Several incidents followed, including the attacking and beating of workers before a return to work formula was signed.
Although the company carried out internal investigations following reports from ITF investigative teams, workers are still reporting that there has not been any significant change and that management is using apparently punitive measures before issuing written employment contracts.
The general secretary of the ITF-affiliated Kenya Long Distance Truck Drivers and allied Workers Union (KLDTDAWU), Nicholas Mbugua, said: “Agility intensified its high-risk anti-union activity by intimidating and sacking workers. The company is haphazardly changing work shifts and so far, five workers have been sacked, while many more are facing unfair disciplinary action. My union has organised several meetings in Mombasa and Nairobi to remind workers about their rights as enshrined in Kenya’s constitution and ILO Conventions 87 and 98.”
Mbugua added that, although the KLDTDAWU succeeded in obtaining a court order to bar Agility from its prejudicial activity, workers are still reporting cases of intimidation and harassment.
There are major concerns about Agility’s cooperation with the court, with workers reporting that top level officials from its Kuwait headquarters have told them that they will fight the battle in court until Agility emerges as the victor.
ITF Africa regional secretary Joe Katende warned that, while the next hearing will be on 15 October 2015, the workers are aware of what the company is doing to block union recognition, and are becoming impatient. Agility should do the right thing, he said, since, even after the legal decision on recognition of the union, there must be a harmonious labour relationship for Agility to grow.
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