Elvis Isangi Mwandembo & 71 others v Devki Steel Mills Limited & another [2016] KEELRC 1810 (KLR)
The bottom line
#The Employment Court dismissed 72 workers' claims against Devki Steel Mills and their union, holding that agreements signed by shopstewards after a strike bound the workers.
What this practically means
#Executive summary
#Key legal issues
#Whether the redundancy/termination was unfair and unlawful
Not unfair - the Claimants left employment through a consensual process fully represented by their Shopstewards, following their own illegal strike
The Court found the Claimants engaged in a wildcat strike without notice or union involvement. A tripartite consultative meeting produced a Return-to-Work Agreement signed by Shopstewards whose mandate bound the Claimants. Though the agreement was ambiguous and poorly drafted, its defects should not confer benefit on any party. The claim for unfair termination failed under Section 47 of the Employment Act.
Whether the Union breached its duty of fair representation
No breach - the Union sent a competent Disputes Officer whom the Claimants rejected; Shopstewards represented them
The Union was not obliged to send elected Branch Officials; its employed Disputes Officer could act for it. The Claimants themselves initiated a wildcat strike and chased away the Union's representative. Shopstewards, as shop-floor representatives of the Union, filled the representational role, so no breach of the contract of mandate was shown.
Continuity of service for terminal dues computation
Claimants were not in continuous service; service was interrupted by the employer's cyclic closures
The employer closed and reopened several times (2008, 2010, 2013) for want of raw materials, re-engaging some previous employees. Claimants failed to account for the periods when the employer was not in operation, so claims for service years, leave, public holidays and house allowances premised on uninterrupted service could not stand.
Legal principles established
#- A trade union owes its members a contract of mandate and can be liable in damages for breach of its duty of fair representation, but where a competent representative is availed and rejected by members, the duty is discharged
- Redundancy is loss of employment by involuntary means through no fault of the employee and cannot be a consequence of strike action
- What Shopstewards representing unionisable employees sign in a collective consultation binds those employees
Court orders
#- 1.The Claimants' claims for compensation for unfair termination, terminal dues and general damages are rejected in their entirety
- 2.No order on costs
- Jurisdiction invoked
- Employment and labour relations dispute under Article 162(2) of the Constitution establishing the Industrial Court (court not explicitly stated in excerpt)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Elvis Isangi Mwandembo & 71 others v Devki Steel Mills Limited & another [2016] KEELRC 1810 (KLR)", Case Analysis (2016). Cause Number 295 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1810/eng@2016-07-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.