Kenya Hotels & Allied Workers Union v Stanbradox Bar & Restaurant [2016] KEELRC 414 (KLR)

The court found the suspensions were imposed without letters stating the grounds, the period of suspension, dates to report back, or salary entitlement during suspension. This amounted to a fundamental breach of the employment contracts, entitling the Grievants to presume termination by the Respondent and to claim terminal dues. Only the 5th Grievant, who resigned due to ill-health, fell outside this finding.

The court characterised the case as a classic unfair labour practice: the Respondent issued no appointment letters, kept no records, charged employees a refundable 'float' deposit of Shs.5,000 upon employment, suspended staff on unspecified terms, and denied leave and public holiday pay. The court also criticised the County Labour Office for abdicating its inspection mandate under Part V of the Labour Institutions Act.

Mr. Minanga did not deny that Grievants were called to the office and paid their float (signifying termination), that they worked public holidays without pay or time off, that they were unpaid for days worked, or the underpayments claimed by the 3rd Grievant. He also did not respond to the service pay prayers. The court awarded all these heads, noting none of the Grievants was a member of NSSF.

Reinstatement was refused as impracticable in the circumstances. The court instead exercised its discretion to award compensation scaled to each Grievant: 8 months for Harrison Hamisi, 3 months each for Job Elim and Gerald Obondo, and 6 months for Abdilahi Onyando. The 5th Grievant, having resigned on grounds of ill-health, received his claimed dues but no compensation.