Kenya Plantation & Agriculture Workers Union v Coffee Research Foundation [2014] KEELRC 721 (KLR)
The bottom line
#Ten long-serving security guards won back pay and redundancy benefits because Kenyan law converts casual workers into full employees after two months.
What this practically means
#Executive summary
#Key legal issues
#Status of the grievants: casual or unionisable employees entitled to CBA benefits
The grievants, having served continuously for periods exceeding five years as security guards, were not casual employees but were entitled to CBA benefits applicable to all unionisable employees.
The Claimant's unchallenged evidence established continuous service exceeding five years. Under Section 37(1)(a) and (b) and 37(3) of the Employment Act, security guards working 6 a.m. to 6 a.m. shifts and continuously for two months or more cannot be treated as casuals and acquire full terms of service. The short-term contracts were a device responding to the grievants' CBA demands.
Discrimination in implementation of the CBA and remuneration
The Respondent's failure to implement the CBA with respect to the grievants violated Sections 5(3) and 5(4) of the Employment Act, ILO Convention No. 100 and the CBA itself.
The Respondent admitted not paying the grievants in terms of the CBA or the redundancy clause, alleging they were casuals outside both CBAs. Having found the grievants were entitled to be treated as unionisable employees, the court held that placing them on less favourable three-month contracts perpetuated discrimination and amounted to unfair labour practice, contrary to the Employment Act and ILO Convention No. 100.
Union membership and check-off
The grievants were members of the Claimant union and the Respondent wrongfully refused to implement check-off forms to remit union dues.
The Respondent denied receiving check-off forms and contended the grievants were casuals and hence not unionisable. The court found credible the Claimant's evidence that the grievants were union members, that the Respondent refused to recognise their status and refused to remit dues, using newly imposed short-term contracts to terminate their services without CBA benefits.
Legal principles established
#- An employee initially engaged as a casual who works continuously becomes entitled to full terms and conditions of service as if not a casual employee
- Employers must pay employees equal remuneration for work of equal value
- An employer shall not discriminate directly or indirectly against an employee in respect of terms and conditions of employment or termination
Court orders
#- 1.Respondent to implement the CBA for the period 1st July, 2007 to 31st June, 2009 with respect to the 10 grievants
- 2.Respondent to tabulate and pay in arrears underpayment of wages and any other benefits not implemented with respect to the 10 grievants
- 3.Respondent to pay redundancy benefits to the 10 grievants in terms of the relevant clause of the CBA
- 4.Respondent to file and serve the Claimant with the computation of (a), (b) and (c) within thirty (30) days from the date of judgment for consideration and approval by the court
- 5.Respondent to pay costs of the suit to the Claimant
- Jurisdiction invoked
- Dispute reported to the Minister of Labour under Section 65(1) of the Labour Relations Act, 2007 and referred to the Industrial Court; jurisdiction under the Employment Act, 2007 and Labour Relations Act, 2007
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Wycliffe Lisalitsa v Chief Executive Officer Kenyatta National Hospital & 5 others [2014] KEELRC 1142 (KLR)[2014] KEELRC 1142 (KLR)12 May 2014
Cite this brief
#Cite this brief
Caselaw, "Kenya Plantation & Agriculture Workers Union v Coffee Research Foundation [2014] KEELRC 721 (KLR)", Case Analysis (2014). Not stated in judgment (Memorandum of claim filed 12th October, 2009). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/721/eng@2014-01-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.