Kenya Building, Construction, Timber and Furniture Industries Employees Union v Aqua Plumbing Co Limited [2015] KEELRC 1342 (KLR)
The bottom line
#A Kenyan employer had to pay a former worker Kshs. 126,050 in benefits because it belonged to an employers' association whose agreement with the union covered him.
What this practically means
#Executive summary
#Key legal issues
#Entitlement to terminal benefits under a CBA
The claim for notice pay, annual leave pay, pro-rata leave, service pay and house rent allowance arrears succeeds as these were available to the Grievant under the CBA
The Grievant testified that he was employed as a plumber from 7th January 2007 on a daily wage and his contract was terminated on 19th October 2010. The CBA between the Claimant Union and the Kenya Association of Building and Civil Engineering Contractors, of which the Respondent was a member at the time of termination, provided the claimed benefits. The evidence was unchallenged as the Respondent did not appear, and the Court found the claim well founded in law and fact.
Legal principles established
#- An employer whose employees are covered by a CBA concluded between a union and an employers' association of which it is a member is bound to pay the terminal benefits provided under that CBA, and unchallenged evidence of such entitlement suffices for an award
Court orders
#- 1.The Respondent shall, within 30 days of delivery of the Award, pay to Javan Mgosi through the Claimant Union 2 months' salary in notice pay at Kshs. 22,776; annual leave pay at Kshs. 34,164; pro-rata leave at Kshs. 8,870; service pay at Kshs. 19,710; and arrears of house rent allowance at Kshs. 40,530 - total Kshs. 126,050
- 2.Costs to the Claimant
- Jurisdiction invoked
- Rule 27(1)(a) of the Industrial Court (Procedure) Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Building, Construction, Timber and Furniture Industries Employees Union v Aqua Plumbing Co Limited [2015] KEELRC 1342 (KLR)", Case Analysis (2015). Cause Number 75 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/1342/eng@2015-03-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.