Kenya National Private Security Workers Union v G4S Kenya Limited [2018] KEELRC 2171 (KLR)
The bottom line
#Kenya's Employment Court stopped G4S from cutting security guards' wages, ruling that employers must negotiate through a recognised union, not directly with workers.
What this practically means
#Executive summary
#Key legal issues
#Whether the respondent could engage directly with union members on wage adjustment without the union's consent
The consultations held with members without the union's consent are not binding and are of no legal effect, contravening Article 41(2)(c) of the Constitution, Section 48 of the Labour Relations Act and the recognition agreement
The court took judicial notice of the model recognition agreement in the Industrial Relations Charter, under which a recognised union is the sole representative of its members on terms and conditions of service including wages. Direct engagement by an employer with members on matters under negotiation amounts to anti-union interference, dividing membership and undermining collective bargaining, a right protected under the Bill of Rights and labour legislation. The respondent's argument that absence of a CBA permitted direct dealing misunderstood Section 48 and 54 of the Labour Relations Act.
Whether the letters adjusting the wages of day security guards are effective
The letters adjusting salaries based on the irregular consultations are null and void, and the court stayed their operation pending determination of the suit
Since the consultations underlying the wage adjustments were of no legal effect, the salary adjustment letters founded on them were also of no effect. Whether individual workers actually consented to the 'Proposed New Wage Model' remained a matter for determination after hearing evidence. In the interim, the claimant established a prima facie case and, given the financial strain salary reduction would cause workers, the balance of convenience favoured staying the letters rather than revoking them outright as sought.
Whether the claimant is entitled to the prayers sought
Partially - the court granted a variation of the orders sought, staying the salary reduction letters and directing the parties to exhaust the conciliation process within 30 days
The court found a prima facie case and balance of convenience in favour of interim relief but tailored the orders: instead of revoking the letters and issuing the broad restraints sought, it stayed the salary reduction letters pending full hearing and directed the parties to complete the conciliation process at the Ministry of Labour within 30 days, with a mention for parties to report on progress.
Legal principles established
#- Upon recognition of a trade union, an employer's direct engagement with union members on matters under negotiation, without the union's consent, is of no legal effect and contravenes Article 41(2)(c) of the Constitution, Section 48 of the Labour Relations Act and the recognition agreement
- An employer's obligation under Section 48 of the Labour Relations Act to deal with the union on matters relating to members' rights and interests is not dependent on the existence of a collective bargaining agreement
Court orders
#- 1.The letters reducing the salaries issued to the claimant's members on 15th January 2018 are stayed pending the hearing and determination of this suit
- 2.The respondent and the claimant are directed to exhaust the conciliation process ongoing at the Ministry of Labour within 30 days
- 3.Case fixed for mention for further directions for parties to report on progress of conciliation
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under labour legislation (Employment Act, Labour Relations Act) and Article 41 of the Constitution; not expressly cited
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Kenya National Private Security Workers Union v G4S Kenya Limited [2018] KEELRC 2171 (KLR)[2018] KEELRC 2171 (KLR)13 Apr 2018
Cite this brief
#Cite this brief
Caselaw, "Kenya National Private Security Workers Union v G4S Kenya Limited [2018] KEELRC 2171 (KLR)", Case Analysis (2018). ELRC Cause No. (not stated in judgment; related to ELRC Cause No. 2326 of 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/2171/eng@2018-04-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.