Tailors & Textiles v Global Apparels (EPZ) Limited [2015] KEELRC 1592 (KLR)
The bottom line
#A Kenyan court ruled that workers who boycott work lose lock-out claims, but employers cannot use summary dismissal when a normal termination fits.
What this practically means
#Executive summary
#Key legal issues
#Whether the Grievants were unlawfully locked out or deserted work
They were not locked out; they deserted work after walking out in protest over a pay error that was being rectified
The court found that on 2nd July 2010 the Grievants did not receive the 10% wage increment due to a payroll error; the Respondent promised to rectify it and did so on 5th July 2010. The Grievants walked out in protest and, though temporarily stopped at the gate on 3rd July, met management with a union representative. They chose not to resume work despite pleas, and dismissal letters issued for desertion on 12th July 2010 under the Employment Act and Clause 16 of the CBA.
Remedies entitlement
Summary dismissal commuted to normal termination; normal-termination dues (notice pay, gratuity, arrears, underpayment, overtime) awarded to the two remaining Grievants
Having found lawful cause but unjustifiable summary dismissal, the court commuted the dismissal to normal termination and awarded the dues attached to normal termination: salary for days worked, notice pay, gratuity, salary and house allowance underpayment and overtime. Robert Wambua and Elijah Nchore withdrew their claims and testified for the Respondent, leaving only Momanyi and Odhiambo. The 12-month compensation for unfair termination was not awarded because termination was for lawful cause.
Legal principles established
#- An employee who deserts work following a work boycott may have summary dismissal commuted to normal termination where circumstances do not justify summary dismissal
- Summary dismissal requires justification beyond lawful cause given the circumstances of the case
Court orders
#- 1.Claims for unlawful and unfair lock out dismissed
- 2.Summary dismissal of Charles Momanyi and Sylvester Odhiambo commuted to normal termination
- 3.Award of Ksh.90,767.00 to Charles Momanyi (salary for days worked, notice pay, gratuity, salary and house allowance underpayment, overtime)
- 4.Award of Ksh.46,361.00 to Sylvester Odhiambo (salary for days worked, notice pay, gratuity, salary and house allowance underpayment, overtime)
- 5.Awards to attract interest at court rates from date of judgment till payment in full
- 6.Respondent to pay the costs of the suit
- Jurisdiction invoked
- Employment and Labour Relations jurisdiction (Industrial Court); Employment Act and CBA invoked
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Tailors & Textiles v Global Apparels (EPZ) Limited [2015] KEELRC 1592 (KLR)", Case Analysis (2015). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/1592/eng@2015-04-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.