Kenya Union of Commercial Food & Allied Workers v Blow Plasts Ltd [2020] KEELRC 1332 (KLR)
The bottom line
#A Kenyan court threw out a union-backed unfair redundancy claim because the union lacked a recognition agreement and the employee had signed a discharge voucher.
What this practically means
#Executive summary
#Key legal issues
#Locus standi of the union to sue on behalf of the grievant
The Claimant lacked capacity to sue as there was no recognition agreement or registered CBA with the Respondent
Locus standi requires sufficiency of interest. A union membership card alone does not confer standing on the union to sue for an employee. Under the Labour Relations Act, recognition of a trade union must precede any action on behalf of members; absent a recognition agreement or registered CBA, the union could not maintain the suit.
Procedural fairness of the redundancy
The redundancy was not in conformity with Section 40 of the Employment Act
Section 40 is mandatory. The redundancy letter was dated 1 March 2016 yet took effect from 29 February 2016, showing the Grievant never received one month's written notice as required by section 40(1)(a) and (b), nor was the Labour Officer notified. No selection criteria under section 40(1)(c) were disclosed to the Grievant.
Entitlement to remedies
No remedies awarded; claim dismissed
Despite the procedural defect in the redundancy, the Grievant signed a discharge voucher acknowledging terminal dues of Kshs. 46,070/- and declaring no further claims. Pursuing the claim through a union without locus standi compounded his tenuous position, rendering the claim devoid of merit.
Legal principles established
#- Recognition of a trade union precedes any action it may undertake in respect of its members
- An employer must demonstrate compliance with the selection criteria under section 40(1)(c) of the Employment Act
Court orders
#- 1.Suit dismissed
- 2.No order as to costs
- 3.Execution of the judgment automatically stayed for 14 days
- Jurisdiction invoked
- Referral certificate for arbitration issued by the conciliator appointed by the Cabinet Secretary Ministry of Labour under the Labour Relations Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Commercial Food & Allied Workers v Blow Plasts Ltd [2020] KEELRC 1332 (KLR)", Case Analysis (2020). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1332/eng@2020-03-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.