Kenya Shoe & Leather Workers Union v Slapper Shoe Industries [2015] KEELRC 1326 (KLR)
The bottom line
#The Industrial Court dismissed a union's underpayment claim because it couldn't prove workers were formally appointed to higher-paying roles, though it criticized long-term 'acting' arrangements.
What this practically means
#Executive summary
#Key legal issues
#Whether the Grievants were substantively employed as Machine Attendants and underpaid
The Claim was dismissed; the Grievants remained General Labourers, were paid acting allowance per the CBA when acting, and no underpayment outside the CBA was established.
The sole Claimant witness conceded he was employed in writing as a General Labourer, was never appointed in writing as a Machine Attendant, and was paid acting allowance. Clause 19 of the CBA conditions acting on written instructions, which the Claimant could not produce. The Respondent produced letters advising the Grievants of specified acting allowances for specified periods. The Conciliator's finding that acting allowance was paid was undisputed.
Whether the 'Duty Allowance' in the pay slips was an incentive under Clause 2 of the CBA
It was not; the Claimant failed to demonstrate that the parties had consulted and agreed a specific incentive rate under Clause 2.
Clause 2 establishes a mechanism for the Employer and Union to determine incentive pay through a Consultative Committee. The Claimant did not show that the parties had consulted and arrived at any specific rate. A variable payment could not be an agreed incentive without the Union's knowledge or participation. Variations in the allowance were instead attributable to the number of days served in acting capacity and absences.
Legal principles established
#- An employee claiming entitlement to a higher wage must show written instructions to act in the higher grade, as required by Clause 19 of the CBA; payment of acting allowance is consistent with substantive employment in the lower grade.
- Prolonged use of employees in acting capacities, while paying them acting allowances, constitutes an unfair labour practice, though breach of the CBA must be separately established.
Court orders
#- 1.The Claim is dismissed
- 2.No order as to costs
- Jurisdiction invoked
- Industrial Court Procedure Rules 2010, Rule 27(1)(a); dispute referred under the Industrial Court's jurisdiction over employment disputes
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.
Cite this brief
#Cite this brief
Caselaw, "Kenya Shoe & Leather Workers Union v Slapper Shoe Industries [2015] KEELRC 1326 (KLR)", Case Analysis (2015). Cause Number 289 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/1326/eng@2015-03-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.