KENYA BUILDING, CONSTRUCTION, TIMBER, FURNITURE & ALLIED INDUSTRIES EMPLOYEES’ UNION v BIASHARA MASTER SAW MILLERS LTD [2004] KEELRC 1 (KLR)
The bottom line
#A Kenyan court ruled that even employees accused of absconding must receive notice and a hearing before dismissal, and awarded full terminal benefits.
What this practically means
#Executive summary
#Key legal issues
#Whether failure to give notice and a hearing before termination for alleged absconding vitiates the termination
The Company's failure to issue notices of termination and to afford the grievants an opportunity to be heard rendered its action ineffective in law, even if the grievants had absconded.
The court held that as permanent employees with clean records of 8 and 6 years, the grievants were entitled to notice and the rules of natural justice. The Manager's claim that messengers were sent to the grievants' home areas was insufficient. Had they been heard, the grievants might have advanced mitigating circumstances or explained their absence. Absconding was therefore no answer to the termination.
Whether the grievants were dismissed for trade union activities
The court found that the grievants were verbally and summarily dismissed for their trade union activities, without notice, benefits or good reason.
Both grievants had clean employment records until they were identified as active union members engaged in recruiting employees amid a recognition dispute. The court found the Company's absconding narrative implausible and concluded that nothing adverse had been said or proved against the grievants, whose services had been satisfactory throughout.
Legal principles established
#- A permanent employee is entitled to notice of termination and the benefit of the rules of natural justice before termination; failure to afford a hearing renders the termination ineffective in law.
Court orders
#- 1.An award of the terminal benefits prayed for by the Union in respect of the first grievant, Kshs. 41,326/= (notice pay, leave, gratuity and 4 months' compensation)
- 2.An award of the terminal benefits prayed for by the Union in respect of the second grievant, Kshs. 42,215/= (notice pay, leave, gratuity and 4 months' compensation)
- Jurisdiction invoked
- Section 8 of the Trade Disputes Act, Cap. 234 (reference by the Minister for Labour)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "KENYA BUILDING, CONSTRUCTION, TIMBER, FURNITURE & ALLIED INDUSTRIES EMPLOYEES’ UNION v BIASHARA MASTER SAW MILLERS LTD [2004] KEELRC 1 (KLR)", Case Analysis (2004). Cause No. 42 of 2003. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2004/1/eng@2004-07-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.