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ELRCDismissedNot stated in judgment· [2013] KEELRC 715 (KLR)

Kenya Engineering Workers Union v Elite Trailers Limited [2013] KEELRC 715 (KLR)

Industrial Court of Kenya
23 August 2013
RSRadido Stephen
789 words in judgment
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The bottom line

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A Kenyan union lost its wage-implementation claim because it brought no pay slips, computations or affidavits proving workers were underpaid.

What this practically means

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Executive summary

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This first-instance industrial dispute was heard by Chemmutut J on 17 May 2011, but he ceased holding office before delivering an award. When new Industrial Court Judges were appointed in July 2012, the file - one of nearly 300 Causes with pending awards - was distributed for preparation of awards. The parties consented before Makau J to the new Judge preparing a judgment based on the pleadings and proceedings taken by Chemmutut J. The dispute concerned alleged wrongful and non-implementation of the basic minimum wages and general wage increase under a Collective Bargaining Agreement between the Minor Engineering Group of the Federation of Kenya Employers and the Kenya Engineering Workers Union, signed on 20 March 2008 and adopted by the parties with effect from 1 May 2007, with arrears agreed to be paid by end of July 2008. The Union sought an order compelling the Respondent to raise wages to the new minimums and to pay the differences. The Respondent admitted the recognition agreement and the adoption of the CBA, but exhibited a schedule showing arrears paid in August 2008 and pleaded that wages were adjusted. The Court held that the Union had produced no computation of alleged arrears, pay slips or affidavits to substantiate its claim, and therefore could not conclude that the Respondent had failed to implement the agreed wages. The Cause was dismissed with no order as to costs, and the Deputy Registrar was directed to return the file to Nairobi.

Key legal issues

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01

Burden of proof on the Union to demonstrate non-implementation of the Collective Bargaining Agreement wage rates

Holding

The claim failed because the Union adduced no evidence of the alleged arrears or underpayment

Reasoning

The Court accepted that the parties adopted the CBA between the Minor Engineering Employers Group and the Union. The Union asserted underpayment, but the Respondent exhibited a schedule showing arrears paid in August 2008 and pleaded that wages were adjusted. The Union offered no computation of arrears, no pay slips and no affidavits, so the Court could not conclude that the Respondent failed to implement the agreed rates. The claim was dismissed with no order as to costs.

p. 2

Legal principles established

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  • A party alleging non-implementation of CBA wage rates must place before the Court material, such as a computation of arrears, pay slips or affidavits, upon which the claim can be evaluated

Court orders

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  1. 1.The Cause is dismissed
  2. 2.No order as to costs
  3. 3.The Deputy Registrar is directed to return this file to Nairobi after delivery of this judgment
Jurisdiction invoked
Jurisdiction as Industrial Court seized of the trade dispute referred under the Labour Relations framework; not expressly cited in the judgment

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kenya Engineering Workers Union v Elite Trailers Limited [2013] KEELRC 715 (KLR)", Case Analysis (2013). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/715/eng@2013-08-23

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.