Kenya Union of Commercial, Food and Allied Workers v London Distillers (K) Limited [2020] KEELRC 432 (KLR)
The bottom line
#A Kenyan court confirmed employers cannot delay union wage negotiations by demanding a job evaluation first — collective bargaining is a legal right.
What this practically means
#Executive summary
#Key legal issues
#Whether a job evaluation exercise must precede conclusion of CBA negotiations and the court's determination of the CBA dispute
The application was dismissed. The court held that job evaluation is not a prerequisite to CBA negotiations; the two processes are distinct and the outcome of a job evaluation can be incorporated into the CBA afterwards.
The court examined the applicant's letters and found the applicant itself stalled the CBA negotiations by postponing them pending job evaluation and later declaring nothing to discuss. The benefits of job evaluation listed in the 2002 report had no direct bearing on the CBA. A CBA is time-bound and delay prejudices employees. The employer's assumed right to unilaterally decline negotiations contravenes Article 41 of the Constitution and Section 57(1) of the Labour Relations Act.
Who caused the stalemate in the CBA negotiations
The court found it was the Respondent/Applicant (employer) who caused the stalemate by postponing negotiations and refusing to engage.
Negotiations commenced on 3rd November 2017 with 20 clauses confirmed, but the employer wrote on 8th and 10th November 2017 postponing the 13th November meeting pending job evaluation, and later by letters of 29th January and 28th February 2018 expressed intent not to proceed with negotiations until its conditions, including cooperation with the job evaluation consultant, were met.
Legal principles established
#- An employer who has recognised a trade union cannot unilaterally refuse or stall collective bargaining by conditioning negotiations on a job evaluation exercise
- Negotiation of a CBA is a fundamental right of every trade union and every employee who has joined membership of a trade union, under Article 41(5) of the Constitution and Section 57(1) of the Labour Relations Act
- Delay in concluding a CBA prejudices unionisable employees as it deprives them of improvements to their terms of employment
Court orders
#- 1.The Notice of Motion dated 18th March 2019 is dismissed with costs
- 2.Parties are directed to take directions on the hearing of the suit at the time of delivery of the ruling
- Jurisdiction invoked
- Articles 159 and 165 of the Constitution of Kenya, Sections 1A, 1B and 3A of the Civil Procedure Act and Rule 17(1) of the Employment and Labour Relations Court (Procedure) Rules, 2016
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Commercial, Food and Allied Workers v London Distillers (K) Limited [2020] KEELRC 432 (KLR)", Case Analysis (2020). Not stated in the judgment (Notice of Motion dated 18th March 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/432/eng@2020-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.