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ELRCDismissedStatement of Claim dated 12th April 2016· [2020] KEELRC 58 (KLR)

Kenya Union of Commercial, Food & Allied Workers v Nyambene Coffee Mills [2020] KEELRC 58 (KLR)

Employment and Labour Relations Court
12 November 2020
NMNzioki wa Makau
1,337 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court threw out a union's Kshs. 353,155 claim because the union lacked standing and the worker couldn't prove his employer hadn't paid him.

What this practically means

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Executive summary

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The Kenya Union of Commercial, Food and Allied Workers sued Nyambene Coffee Mills on behalf of its member, Silas Njeru, alleging he was employed verbally in January 2014 as a night watchman at Kshs. 3,900 per month, was not paid salary from January 2015, and that his services were terminated orally in July 2016 when a replacement took over the premises. The union claimed unpaid salary for 19 months, underpayment, denial of leave, off days, public holidays, overtime and service gratuity, quantified at Kshs. 353,155.01. The matter was undefended; only appearances were entered. The court nonetheless examined the evidence. It struck out the 2nd and 3rd Respondents as superfluous parties since the employment relationship was with the 1st Respondent only. It found the union had no standing because there was no recognition agreement and no demonstration that it represented a simple majority of unionisable employees, and substituted Silas Njeru as claimant. On the merits, the bank statements showed salary payment from Nyambene Coffee Mills until April 2015, after which Caffimax Limited paid the salary from May 2015, undermining the claim of non-payment. No Regulation of Wages Order was attached to prove underpayment. The court held the claimant failed to prove his case on a balance of probabilities and dismissed the claim with no orders as to costs, on 12th November 2020 at Nairobi.

Key legal issues

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01

Union standing to sue for an employee without a recognition agreement

Holding

The union lacked capacity; its name was struck out and replaced with the Grievant's name

Reasoning

The claimant admitted no recognition agreement existed and did not suggest it represented a simple majority of the employer's unionisable employees as required by the Labour Relations Act. The court therefore found the union had no business filing suit on behalf of the Grievant and substituted the Grievant as claimant in his own right.

p. 2
02

Unlawful termination and non-payment of salary

Holding

Not proved; bank statements showed salary payment until April 2015 and payment by Caffimax Limited thereafter

Reasoning

The claim of non-payment for 19 months was contradicted by the bank statements filed, which showed deposits from Nyambene Coffee Mills until April 2015 and salary payments from Caffimax Limited from May 2015, indicating the Grievant had moved to new employment. The underpayment claim also failed for want of the applicable Wages Order.

p. 2
03

Necessity of joining the 2nd and 3rd Respondents

Holding

Their joinder was superfluous as the Grievant was an employee of the 1st Respondent only

Reasoning

The pleadings and evidence showed the employment relationship was with Nyambene Coffee Mills alone; the 2nd Respondent was its Managing Director and no case was made against the 3rd Respondent. Their names were struck out as unnecessary parties.

p. 2

Legal principles established

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  • A trade union can be recognised by an employer, and may act for employees, only if it represents a simple majority of unionisable employees under the Labour Relations Act
  • Even in an undefended claim, the court must satisfy itself on the facts and evidence before making a determination

Court orders

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  1. 1.Struck out the names of the 2nd and 3rd Respondents from the suit
  2. 2.Struck out the name of the Claimant union and replaced it with that of Silas Njeru
  3. 3.Dismissed the Claimant's claim
  4. 4.No orders as to costs

Authorities

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Legislation

  • Labour Relations Actrecognition of trade unions (simple majority of unionisable employees)
  • Regulation of Wages (Amendment) Orderwages for a night watchman 2014 and 2015
Jurisdiction invoked
Trade dispute referred under the Labour Relations Act following issuance of a Referral Certificate by the conciliator on 23rd October 2018

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, "Kenya Union of Commercial, Food & Allied Workers v Nyambene Coffee Mills [2020] KEELRC 58 (KLR)", Case Analysis (2020). Statement of Claim dated 12th April 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/58/eng@2020-11-12

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