Kenya Union of Domestic, Hotels, Educational Institutrions, Hospitals & Allied Workers v Board of Governors,Kirinyaga Technical Institute (Cause 668 of 2010) (Employment and Labour) [2016] KEELRC 1294 (KLR)
The bottom line
#A Kenyan employer that ignores an employment claim can lose by default, and the court awarded 19 workers their unpaid wages.
What this practically means
#Executive summary
#Key legal issues
#Underpayment of wages of the Grievants
The Court found that the Grievants were underpaid for a period of 12 months and entered judgment for specific sums per Grievant.
The Respondent filed no Response to the Cause and did not participate in the hearing, leaving KUDHEIHA's assertions uncontroverted. The Union exhibited Circulars and Regulation of Wages (General)(Amendment) Orders, and the Court also considered the Conciliator's report appointed by the Minister for Labour dated 20 November 2008. On that unchallenged material, the Court accepted the Union's contention that the Grievants were underpaid for 12 months and quantified the awards per Grievant.
Determination of a Cause on the record in the absence of the Respondent
The Court proceeded to determine the Cause on the record under Rule 21 of the Industrial Court (Procedure) Rules, 2010.
After service of hearing notices via the Court's notice board, daily newspapers, online media and individual notices, the Respondent neither appeared nor was represented when the Cause was called out on 18 April 2016 during the Court's service week. Rule 21 of the Industrial Court (Procedure) Rules, 2010 permitted the Court to determine the Cause based on the record, and the Union relied on the record.
Legal principles established
#- Under Rule 21 of the Industrial Court (Procedure) Rules, 2010, the Court may determine a Cause based on the record where a party does not participate.
- Unchallenged facts asserted by a claimant, supported by exhibited documents, may found a finding of underpayment of wages.
Court orders
#- 1.Judgment entered for the Grievants against the Respondent for the underpayment of wages for a period of 12 months, with specific sums awarded to each of the 19 named Grievants (ranging from Kshs 20,220 to Kshs 25,200)
- 2.No order as to costs
- Jurisdiction invoked
- Industrial Court jurisdiction under the Industrial Court (Procedure) Rules, 2010 (Rule 21) over an employment cause alleging underpayment of wages
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Domestic, Hotels, Educational Institutrions, Hospitals & Allied Workers v Board of Governors,Kirinyaga Technical Institute (Cause 668 of 2010) (Employment and Labour) [2016] KEELRC 1294 (KLR)", Case Analysis (2016). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1294/eng@2016-04-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.