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ELRCDismissedPetition No.7 of 2018· [2019] KEELRC 2556 (KLR)

Paul Korir & 32 others v Tirgaga Tea Factory Co. Ltd & 7 others [2019] KEELRC 2556 (KLR)

Employment and Labour Relations Court of Kenya at Kericho
17 December 2019
8,048 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~32 min to read original · ~4 min brief

The bottom line

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A Kenyan court ruled that tea factory workers fired for falsifying leaf records were lawfully dismissed because the factories followed fair disciplinary procedures.

What this practically means

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Executive summary

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Four petitions concerning logistics assistants (logistics clerks) summarily disciplined and dismissed by tea factory companies within the KTDA stable were consolidated under Petition No.7 of 2018 before the Employment and Labour Relations Court at Kericho. The petitioners sought declarations that terminations effected on 4th December 2018 violated Articles 41, 47 and 50 of the Constitution, reinstatement, or alternatively payment of salary, terminal benefits and allowances to age 65, damages for emotional anguish, and costs. The respondents justified terminations on an audit revealing massive green leaf falsification through duplicated PDA recordings, and argued due process was followed with union representation. The court first held the 2nd respondent properly enjoined as an 'agent' within section 2 of the Employment Act. On the merits it found valid and genuine reasons for termination, that show cause notices specified dates, weights and grower numbers, that hearings complied with sections 41, 43 and 47 of the Employment Act, and that shop-floor disciplinary processes are not criminal proceedings requiring strict proof. Constitutional claims were held best addressed under the Employment Act. Reinstatement, retirement-age dues and constitutional damages were all refused; the court found procedural justice and no compensation due, noting the petitioners' culpability and prior warnings, and that the two months' notice pay was generous. Petitioners who had withdrawn or disowned the petition were relieved of it. The petition was dismissed with each party bearing own costs.

Key legal issues

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01

Whether the 2nd and 3rd respondents are proper parties

Holding

The 2nd respondent, being an agent within the definition of 'employer' in section 2 of the Employment Act, is properly enjoined; the 3rd respondent's position was not disturbed and no prejudice was found

Reasoning

The court applied section 2 of the Employment Act which defines an employer to include an agent, foreman, manager or factor. The appointment letters were issued through KTDA structures and the 1st respondent's group company secretary confirmed the management agency arrangement. The court found a nexus between the respondents and no prejudice to any party from their continued joinder.

p. 11
02

Whether termination was unlawful and unfair

Holding

Termination was lawful and fair - the audit revealed leaf falsification, show cause notices set out specific allegations, hearings were held with union representation, and sections 41, 43 and 47 of the Employment Act were met

Reasoning

The audit report dated 20th November 2018 established double recordings and weight manipulation implicating the petitioners. Each received a notice detailing dates, times, grower numbers and duplicated weights. Responses were found unsatisfactory, hearings followed with a union shop steward present, and the petitioners failed to explain their conduct. Termination with notice pay and gratuity was held justified.

p. 14
03

Whether constitutional rights were violated

Holding

No constitutional violation was established; the claims fall to be addressed under the Employment Act

Reasoning

The court held that employment and labour relations matters are best addressed at the shop floor under section 41 of the Employment Act, which is the correct template for disciplinary processes. Such proceedings are not criminal proceedings requiring strict proof. The petitioners were given opportunity to respond, attend hearings with union representation, and defend themselves, satisfying fair administrative action requirements.

p. 14
04

Whether remedies of reinstatement, terminal dues to retirement and damages should issue

Holding

All remedies refused; reinstatement unavailable on justifiable grounds, notice pay was generous, and no compensation is due given the petitioners' culpability and prior warnings

Reasoning

Section 45(5)(b) of the Employment Act requires the court to consider the employee's conduct and capability up to termination and previous warning letters. The court found 'a litany of misconduct', held the termination package generous, and found no basis to challenge the respondents' findings. Petitioners who withdrew or disowned the petition were relieved of it.

p. 15

Legal principles established

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  • Termination of employment must be based on genuine, valid and fair reasons proved by the employer, coupled with procedural fairness, failing which the termination is unfair under section 45 of the Employment Act
  • Within the work environment, fair administrative action and hearing rights are best addressed under section 41 of the Employment Act, whose shop-floor disciplinary process is not akin to criminal proceedings requiring strict proof
  • An 'employer' under section 2 of the Employment Act includes the agent, foreman, manager or factor of the contracting party, so a managing agent is properly sued alongside the principal employer

Court orders

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  1. 1.The petition is found without good basis and is dismissed
  2. 2.Each party shall bear own costs

Authorities

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Legislation

  • Constitution of Kenya, 2010Articles 41, 47 and 50
  • Employment Act, 2007Section 2 (definition of 'employer')
  • Employment Act, 2007Sections 35, 36, 41, 42(1), 43(1), 43(2), 44(4), 45, 45(2), 45(5)(b), 47(5), 49, 51

Cases cited (15)

  • Kenya Hotels & Allied Workers Union versus Welcome Inn Hotels T/A Malindi Investments Ltd & another
    ELRC No.265 of 2013
  • Walter Ogal Onuro versus TSC
    [2013] eKLR
  • Alphonse Machanga Mwachanya versus Operation 680 Limited
    [2015] eKLR
  • Misia Manuguti Kadenyi versus Maasai Mara University & 3 others
    [2018] eKLR
  • Revital Healthcare (epz) Limited & another versus Ministry of Health & 5 others
    [2015] eKLR
  • Chalika Farmers’ Co-operative Society Limited versus George Odhiambo
    (1987) eKLR
  • JSC versus Gladys Boss Shollei & another
    [2014] eKLR
  • Sotik Highlands Tea Estates Limited versus Kenya Plantation & Agricultural Workers Union
    [2017] eKLR
  • City Council of Nairobi versus Wilfred kamau Githua t/a Githua Associates & another
    [2016] eKLR
  • Geoffrey Chege Kirundi versus Disputes resolution Committee of Kenya Tea Development Authority Agency Holdings & another
    [2017] eKLR
  • Barclays Bank of Kenya Ltd & another versus Gladys Muthoni & 20 others
    [2018] eKLR
  • Nation Media Group Limited versus Onesmus Kilonzo
    [2017] eKLR
  • Ol Pejeta Ranching Limited versus David Wanjau Muhoro
    [2017] eKLR
  • Kenfreight (E.A) Limited versus Benson K. Nguti
    [2019] eKLR
  • Kenya Power & Lighting Company Limited versus Aggrey Lukorito Wasike
    [2017] eKLR
Jurisdiction invoked
Articles 41, 47 and 50 of the Constitution of Kenya, 2010 read with the Employment Act, 2007

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Paul Korir & 32 others v Tirgaga Tea Factory Co. Ltd & 7 others [2019] KEELRC 2556 (KLR)", Case Analysis (2019). Petition No.7 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/2556/eng@2019-12-17

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.