* Admissibility date reflects the date the case was officially registered. All other dates pertain to the date in which a stage was completed.
Case Description
On 14 May 2025, the Complaints Mechanism received a complaint from an individual who worked for one of the promoter’s contractors on the Regional Mombasa Port Access Road project. The complainant alleged unlawful salary deductions, improper contract termination without compensation and a failure by the contractor to take appropriate disciplinary action against another employee who physically assaulted the complainant.
The complainant also raised broader concerns about the working conditions of other workers, including the availability of drinking water and toilets on site, the provision of payslips for workers’ reference and record-keeping, the existence of fair disciplinary procedures and the provision of copies of warning letters to workers.
Work performed
The Complaints Mechanism took several steps to facilitate resolution: (i) it held meetings with the EIB project team; (ii) it reviewed relevant internal and external documents related to
the project and the complaint; and (iii) it conducted numerous calls and written exchanges with the complainant, the promoter and its consultant. Employing a shuttle diplomacy approach, the Complaints Mechanism and the EIB project team fostered communication and negotiation between the complainant and the promoter, enabling them to express their views and explore potential solutions while working towards a resolution.
Outcome
The complainant, his employer and the roads department responsible addressed all the concerns raised during the initial assessment phase of the complaint to the satisfaction of the involved parties. These collaborative efforts enabled the promoter to better understand how to enforce and comply with labour standards and to pursue the monitoring of its contractors.