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ELRCOtherCause No. 313 of 2014· [2016] KEELRC 1750 (KLR)

Kenya Plantation & Agricultural Workers Union v Wilhan (K) Ltd & another [2016] KEELRC 1750 (KLR)

Employment and Labour Relations Court
5 February 2016
RSRadido Stephen
440 words in judgment
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The bottom line

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A Kenyan employment court spared a union's case from dismissal after a missed hearing, but made the union pay adjournment costs for its lack of diligence.

What this practically means

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Executive summary

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This is a ruling (Ruling No. 2) of the Employment and Labour Relations Court at Nakuru in a cause filed by the Kenya Plantation & Agricultural Workers Union against Wilhan (K) Ltd and Rift Valley Vegetables. The Union had moved the Court on 14 July 2014 seeking restraining orders against the Respondents, and the motion was disposed of by a ruling delivered on 18 December 2014, which the Union, though aware of the date, did not attend. The Court then fixed the hearing for 30 November 2015 and directed the Deputy Registrar to notify the Union. On the hearing date neither the Union nor the Respondents appeared; a Union Legal Officer, Mr. Muli, explained that his colleague Mr. Khisa, who was on record, was unaware the matter was coming up and sought an adjournment. The Court found nothing on file to show the Deputy Registrar had complied with the directive to notify the Union, so the non-attendance might be excusable. Nevertheless, the Union's own lack of diligence in following up its claim contributed to the situation. Emphasising that industrial disputes, particularly those filed under certificate of urgency, must be determined expeditiously in the interest of industrial peace, the Court declined to dismiss the Cause and instead directed that a mutually convenient hearing date be fixed immediately, while ordering the Union to pay forthwith the adjournment costs attendant to the hearing scheduled for 30 November 2015. The judgment was delivered by Radido Stephen, Judge, in Nakuru on 5 February 2016.

Key legal issues

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Whether the Union's failure to attend the hearing dated 30 November 2015 should attract sanctions

Holding

The non-attendance was potentially excusable because the Deputy Registrar may not have notified the Union of the hearing date, but the Union's own lack of diligence contributed; the Cause was not dismissed but an adjournment costs order was made against it

Reasoning

The record showed no compliance by the Deputy Registrar with the directive to notify the Union of the hearing date, making the Union's absence potentially excusable. However, had the Union been diligent and attended delivery of the ruling or followed up, it would have known the status of its claim. Balancing expeditious disposal of industrial disputes, the court granted a fresh hearing date but ordered the Union to pay adjournment costs.

p. 1

Legal principles established

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  • Parties must ensure suits are prosecuted and determined expeditiously, particularly where industrial peace is a primary concern

Court orders

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  1. 1.A mutually convenient date be fixed immediately after delivery of the ruling for the hearing of the Cause
  2. 2.The Union to pay forthwith costs (adjournment) attendant to the hearing which had been scheduled for 30 November 2015
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over the Cause filed by the Union (Cause No. 313 of 2014)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kenya Plantation & Agricultural Workers Union v Wilhan (K) Ltd & another [2016] KEELRC 1750 (KLR)", Case Analysis (2016). Cause No. 313 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1750/eng@2016-02-05

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.