Kenya Long Distance Truck Drivers and Allied Workers Union v Masters Fabricators Limited (Cause 19 of 2020) (Employment and Labour) [2020] KEELRC 540 (KLR)
The bottom line
#The Employment Court refused to punish an employer for contempt because it proved it paid union dues, and left the unpaid leave dispute for full trial.
What this practically means
#Executive summary
#Key legal issues
#Alleged breach of court orders justifying contempt warrants
No breach was established; the contempt application was without merit
The Union asserted the Respondent ignored the order requiring deduction and remittance of union dues. The Respondent produced cheques and bank deposit slips showing deductions for employees on the May 2020 payroll were made and deposited on 5 June 2020. On this documentary evidence the Court found no breach warranting warrants of arrest or the directors being called to show cause.
Compulsory unpaid leave at the interlocutory stage
The Respondent demonstrated some form of consultations and compliance with COVID-19 health protocols; the legality of the unpaid leave must await a hearing on the merits
Section 10(5) of the Employment Act requires consultation before changing employment particulars such as remuneration. The Respondent produced a memo, minutes, notice and letter to the County Labour Office evidencing consultation, and invoked COVID-19 social distancing directives. Whether the leave was lawful and contractually supported was reserved for trial; at the interlocutory stage the Court could not fault the Respondent.
Alleged victimisation, discrimination and replacement by casual labourers
The allegations were unsupported by evidence
The Union asserted employees sent on leave were replaced by casuals and that members were threatened with untoward action if they refused to resign from the Union. The Court noted no evidence was laid to prove these assertions, which would have lent credence to claims of victimisation, dishonesty, attempt to defeat justice and discrimination.
Legal principles established
#- Section 10(5) of the Employment Act, 2007 requires consultations before the change of certain employment particulars, including remuneration during the tenure of the contract
- Employers should engage unions in good faith; such engagement advances the interests of employer, workers and social justice
Court orders
#- 1.The motion dated 22 May 2020 was dismissed
- 2.Costs in the cause
- Jurisdiction invoked
- Original employment and labour relations jurisdiction; enforcement of the Court's orders of 8 May 2020 under the Employment and Labour Relations Court Act and Labour Relations Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Long Distance Truck Drivers and Allied Workers Union v Masters Fabricators Limited (Cause 19 of 2020) (Employment and Labour) [2020] KEELRC 540 (KLR)", Case Analysis (2020). Cause No. 19 of 2020 (Ruling No. 2). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/540/eng@2020-08-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.