Transport Workers Union v Euro Petroleum Products Limited & another [2017] KEELRC 1944 (KLR)
The bottom line
#Kenya's Employment Court allowed a union's late review only in part: individual unfair dismissal claims survived, but recognition and dues claims stayed dead.
What this practically means
#Executive summary
#Key legal issues
#Whether the two-year delay disqualifies the review application
Delay ordinarily disqualifies the application, but the court excuses it as against the individual grievants' unfair dismissal claims
The court held that review applications must be brought expeditiously; two years' delay would be an abuse of process. However, since the grievants were innocent parties who had left the matter to the union, and their individual claims were never dismissed, the delay was not visited on them. The review was allowed only in that limited respect.
Whether the union had locus standi to represent the grievants
The finding that unions may only represent employees where there is recognition was in breach of the law; union membership confers locus standi
The court found the Judge's ruling on locus standi was erroneous - membership of a worker or ex-worker grants the union standing to represent the member. This constituted an error sufficient to justify review under Rule 32(1)(c) of the repealed Rules, and was a permissible ground for review.
Whether the unfair dismissal claims were extinguished by the ruling
The individual claims for unfair dismissal were never dismissed and remain alive; only the labour claims were dismissed
The Judge's ruling had only dismissed the labour claims for recognition and union dues for failure to pursue conciliation first. The dismissed grievants retained the right to pursue unfair dismissal claims in their private capacity, needing only to seek amendment to bring claims in their own names. No review was required for that, but the court confirmed the claims remain alive.
Legal principles established
#- An application for review under Rule 32 must be brought expeditiously and without inordinate delay; an inordinate delay of over two years is an abuse of court process.
- Membership of a worker or ex-worker in a union grants the union locus standi to represent the member before the court.
- Litigation must come to an end; delay will not be visited on innocent grievants who left the matter in the union's hands.
Court orders
#- 1.Application for review allowed only to the extent that the claims by the individual employees for unfair dismissal are still alive and may be heard on the merits
- 2.The labour claims for recognition and remission of union dues abandoned/dismissed remain dismissed
- Jurisdiction invoked
- Rule 32 of the Industrial Court (Procedure) Rules 2010 (repealed) - review of a ruling of the court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Transport Workers Union v Euro Petroleum Products Limited & another [2017] KEELRC 1944 (KLR)", Case Analysis (2017). Industrial Cause (application for review of ruling of 14th June 2013). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2017/1944/eng@2017-01-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.