Bakery Confectionary Food Manufucturing & Allied Workers Union (Kenya) v Big Bite & Confectioners Limited [2018] KEELRC 37 (KLR)
The bottom line
#A Kenyan employment court refused to reopen a union's dismissed case, confirming that missing hearings has real consequences.
What this practically means
#Executive summary
#Key legal issues
#Right to fair hearing under Article 50(1)
The claimant's right to be heard was secured through the directions of 23rd March 2016 for balloting and subsequent mentions; the dismissal did not violate natural justice
The court found the claimant attended mentions and had opportunity through the balloting exercise. The substantive recognition issue was isolated, addressed on the facts of the CLO report, and the claimant never appealed or sought review of those directions. Absence on hearing dates did not create an error on the face of the record.
Whether review of the 20th July 2017 ruling was warranted
No review; no new facts, no error apparent, no clarification needed, no sufficient cause
The grounds relied on were all matters within the claimant's knowledge at the time of the ruling. The review jurisdiction under Rule 33 was therefore not engaged and the application was an attempt to reopen a concluded suit.
Stay of execution
Refused; the decree followed a lawful ruling and no basis for stay was shown
Execution was a consequence of the ruling dismissing the claim with costs. Since the challenge to the ruling failed, the foundation for the stay fell away.
Legal principles established
#- A review may only be granted where there is a new fact or matter, an error apparent on the face of the record, a need for clarification, or sufficient cause
- An error apparent on the face of the record must be self-evident and not require elaborate argument
- Under the ELRC Procedure Rules the court may isolate issues in dispute and determine a suit even where a party is absent
Court orders
#- 1.Application dated 14th February 2018 found without merit
- 2.Application dismissed with costs to the respondent
- Jurisdiction invoked
- Section 16 of the Employment and Labour Relations Court Act, 2014 and Rules 32, 33(1)(a), (b) and (d), (3), (4) and (5) of the Employment and Labour Relations Court (Procedure) Rules, 2016
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Bakery Confectionary Food Manufucturing & Allied Workers Union (Kenya) v Big Bite & Confectioners Limited [2018] KEELRC 37 (KLR)", Case Analysis (2018). Cause No 25 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/37/eng@2018-06-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.