Kenya Plantation and Agricultural Workers Union v James Finleys (Kenya) Limited (Finleys Flowers) [2020] KEELRC 1892 (KLR)
The bottom line
#The court allowed Finlays to close and declare redundancies because the employer had properly notified the union and labour office as the law requires.
What this practically means
#Executive summary
#Key legal issues
#Compliance with section 40 of the Employment Act, 2007 in the redundancy/closure notice of 18th October, 2019
The notice of 18th October, 2019 was interlinked with the earlier notice of 25th April, 2018 and issued in tandem with section 40(1), the labour officer at Kericho having been notified; hence the application fails
The court read the 18th October 2019 letter as a continuation of the phased closure announced on 25th April 2018, which was the subject of prior litigation dismissed for want of merit. The notice was issued to the claimant union and to the labour officer at Kericho as required by section 40(1). Since the statutory mandatory requirements were met, the substantive orders sought could not issue, and the court declined to go into the merits of the main claim.
Entitlement of redundantly declared employees to the outcome of the pending Civil Appeal No.47 of 2017 on the CBA
The court declined to make any declaration, holding the outcome of the pending appeal is not for this court to address and the parties should be guided by the Court of Appeal's determination on the merits
The claimant sought a declaration pegging terminal dues to the outcome of a pending appeal over the applicable CBA. The court held that issues before the appellate court should be addressed on the merits there, and that issuing such a declaration would pre-empt the appeal. No order was made on this head.
Legal principles established
#- Before effecting a redundancy, an employer must notify the trade union representing the employees and the labour officer responsible for the area, per section 40(1) of the Employment Act, 2007
- Injunctive or protective orders cannot issue where the employer has complied with the mandatory statutory redundancy notice provisions
Court orders
#- 1.Orders sought in the application dated 4th November, 2019 shall not issue
- 2.Costs in the cause
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (section 40 in issue)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Plantation and Agricultural Workers Union v James Finleys (Kenya) Limited (Finleys Flowers) [2020] KEELRC 1892 (KLR)", Case Analysis (2020). Nakuru ELRC No.111 of 2018 (application dated 4th November, 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1892/eng@2020-01-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.