Kudheiha Workers v BOG Wikoteng Mixed Sec. School [2014] KEELRC 1274 (KLR)
The bottom line
#A Kenyan school board was ordered to reinstate a fired guard, pay back his wages and union dues, because employers must prove remittances.
What this practically means
#Executive summary
#Key legal issues
#Non-remittance of union dues
The respondents failed to remit union dues totalling Kshs 49,350/= as at October 2013, less Kshs 2,520/= already remitted, leaving a balance of Kshs 46,830/=.
The claimants produced a check-off form signed by seven workers; the respondents admitted a recognition agreement and past remittance. The only proof of remittance was Kshs 2,520/= for two workers for July 2012 to December 2013. The respondents also ignored the conciliator's invitation to produce documentation, so their assertion of full remittance was unproved.
Employment status of the grievant
The grievant was an employee of the respondents, not of the PTA.
The Principal (RW1) admitted the grievant was paid by the PTA over which he claimed no control. The court held it was a misconception for the Principal to say the PTA operated outside his control, since the PTA includes teachers and the Principal. The respondents, as the body mandated to run the school, were the employer.
Underpayment of wages
The grievant was underpaid for the whole period he worked, though the exact shortfall was not quantified.
The grievant earned Kshs 2,000/= per month, later Kshs 4,000/=, with no allowances. The respondents, denying employment, did not address salary. The claimants did not quantify the shortfall against the wages orders, so the court found underpayment generally and ordered correction rather than a computed award.
Termination and reinstatement
The grievant was verbally terminated without apparent reason; reinstatement within three years of termination was ordered.
The grievant was verbally terminated on 13th September 2011 for no apparent reason. As the judgment was delivered within three years of termination, the court exercised its power to order reinstatement as a guard within one month, plus payment of salary withheld since termination.
Legal principles established
#- A party alleging that union dues were remitted bears the burden of proving it; failure to produce documentation before the conciliator is fatal.
- A school cannot escape employer liability by attributing employment of its staff to the PTA; the body mandated to run the school is the employer.
Court orders
#- 1.Reinstatement of the grievant Albert Odhiambo Wao as a guard within 1 month from the date of judgment
- 2.Payment to the grievant of his salary withheld from the time of termination to date
- 3.Respondents to pay the union dues balance of Kshs 46,830/=
- 4.Respondents to pay costs of the suit
- Jurisdiction invoked
- Reference of a trade dispute to the court after unsuccessful conciliation under the Labour Relations framework (referred to court 'as per App 11')
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kudheiha Workers v BOG Wikoteng Mixed Sec. School [2014] KEELRC 1274 (KLR)", Case Analysis (2014). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/1274/eng@2014-09-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.