Kenya National Private Security Workers Union v Lavington Security Limited [2018] KEELRC 887 (KLR)
The bottom line
#A Kenyan security guard won Kshs. 288,636 in unpaid wages, house allowance and leave, and the employer couldn't block the union's claim for lacking a recognition agreement.
What this practically means
#Executive summary
#Key legal issues
#Whether lack of a recognition agreement bars a union from claiming on behalf of a member
It does not bar the claim; the right to join a union is protected under Article 41 of the Constitution
The Respondent's preliminary objection on the absence of a recognition agreement had already been dismissed by Justice L. Ndolo in a ruling dated 25/6/2013. The court agreed with that position and reiterated that the constitutional right to join a union under Article 41 cannot be taken away by an employer on the basis that no recognition agreement exists between the employer and the union.
Whether the grievant was underpaid relative to the minimum wage
The grievant was underpaid from 2003 to 2011; total underpayment assessed at Kshs. 131,556
The grievant exhibited a payslip from July 2008 showing a basic salary of Kshs. 6,160 with no indication of improvement. The Claimant tabulated wages paid against the statutory minimum wage from 2003 to 2011. The Respondent offered no evidence to show that it paid the grievant differently, so the court accepted the Claimant's computation of underpayment.
Entitlement to house allowance and leave
House allowance awarded at 15% of basic salary (Kshs. 144,144) and leave for 3 years (Kshs. 12,936)
The court found that during the employment period the grievant was not paid house allowance and computed it at the standard 15% of basic salary over 156 months. Leave was awarded for 3 years at 21 days per year computed on the basic salary of Kshs. 6,160, producing a total award of Kshs. 288,636.
Legal principles established
#- The absence of a recognition agreement does not render a trade union unfit to sue on behalf of its members, as the right to join a union is constitutionally protected
Court orders
#- 1.Respondent to pay underpayment of wages of Kshs. 131,556
- 2.Respondent to pay house allowance computed at 15% of basic salary, Kshs. 144,144
- 3.Respondent to pay leave for 3 years, Kshs. 12,936
- 4.Total award of Kshs. 288,636 to the grievant
- 5.Respondent to pay costs of the suit plus interest at court rates from the date of judgment
- Jurisdiction invoked
- Article 41 of the Constitution (employment and labour relations jurisdiction of the Employment and Labour Relations Court)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya National Private Security Workers Union v Lavington Security Limited [2018] KEELRC 887 (KLR)", Case Analysis (2018). Cause No. 377 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/887/eng@2018-10-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.