Kenya Union of Commercial Food and Allied Workers Union v Delmonte Kenya Ltd [2013] KEELRC 126 (KLR)
The bottom line
#Kenya's Employment Court refused to upgrade seasonal workers' notice pay beyond what their union had negotiated, leaving them with the statutory one month.
What this practically means
#Executive summary
#Key legal issues
#Entitlement of seasonal staff to notice pay under clause 10 of the CBA
Seasonal staff are not entitled to the 65 days' notice pay in clause 10; they get one month's notice or salary in lieu under Section 35
The claimant, which represented the staff in negotiating the CBA, knew the seasonal staff were distinct from permanent staff and deliberately omitted them from clause 10. The court declines to correct what was a bad bargain. In the absence of a CBA provision, the statutory regime under Section 35 governs.
Service pay for grievants who were not paid or partly paid
Grievants who did not collect their pending service pay may claim it in the sums indicated in the respondent's document filed on 16/7/2013; the claimant concealed the true position
Although the earlier judgment ordered service pay under clause 5 of the CBA, the court found there were neither proper pleadings nor evidence on it. The respondent's evidence showed some people were paid all or part of their service pay, and the court was persuaded that the claimant dishonestly concealed that fact.
Legal principles established
#- A court will not rewrite or correct a bad bargain voluntarily entered into by the parties in a CBA
- Where the CBA does not provide for a notice period for seasonal staff, the statutory default under Section 35 (one month's notice or salary in lieu) applies
Court orders
#- 1.Notice pay for seasonal staff to be governed by Section 35 (one month's notice or salary in lieu), not the 65 days in clause 10 of the CBA
- 2.Grievants who did not collect their pending service pay to claim it in the sums indicated by the respondent in her document filed in court on 16/7/2013
- Jurisdiction invoked
- Jurisdiction as the first-instance labour court over CBA/employment disputes; no specific constitutional or statutory provision invoked in the extract
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Commercial Food and Allied Workers Union v Delmonte Kenya Ltd [2013] KEELRC 126 (KLR)", Case Analysis (2013). Not stated in the extract provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/126/eng@2013-10-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.