Kenya Plantation & Agricultural Workers Union v Flamingo Horticulture – Kingfisher Farm (Employment and Labour Relations Cause E023 of 2022) [2023] KEELRC 1651 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Jurisdiction
The magistrate's court had no jurisdiction over the trade dispute; the matter properly lies before the ELRC
The gazette notice of 10th June 2018 conferred pecuniary jurisdiction on magistrates of the rank of Senior Resident Magistrate and above over employment disputes where gross monthly pay does not exceed Kshs. 80,000, but expressly excluded trade disputes under the Labour Relations Act. Since the claim was filed by a trade union, the lower courts lacked jurisdiction and the matter belonged to this Court.
Validity of reasons for termination
Valid reasons existed - abusive language and absenteeism
The respondent's witnesses (RW-2 and RW-3) attested to hearing the grievants use abusive and threatening language at the water point on 18th May 2019, and a welfare meeting was convened where employees admitted hearing the insults. The grievants admitted absenting themselves from their work station on 22nd May 2019 without permission. On this evidence the court found the reasons for dismissal valid.
Procedural fairness
Due process was followed; dismissal fair
The grievants were issued notices to show cause, responded to them, attended a disciplinary hearing accompanied by a colleague of choice, signed the minutes, and appealed to an appellate panel which upheld the dismissal. Although they claimed they were not allowed to face their accusers, in cross-examination they admitted the accusers attended the disciplinary hearing. The process satisfied fairness requirements.
Terminal dues
Grievants entitled to pro-rata leave and service pay despite lawful dismissal
Notwithstanding the finding that the dismissal was fair and justified, the court awarded terminal dues consisting of pro-rata leave (half month's salary) and service pay at 15 days' salary per year worked, computed on each grievant's salary, plus costs of the suit to the claimant.
Legal principles established
#- Magistrates' courts specially appointed under section 29 of the ELRC Act lack jurisdiction over trade disputes filed by or against trade unions under the Labour Relations Act
- Where employees admit absenteeism and witnesses attest to abusive language, valid reasons for dismissal exist
- An employee who admits accusers attended the disciplinary hearing cannot claim denial of the right to face accusers
Court orders
#- 1.Payment of pro-rata leave: Judith Nekesa Juma – ½ x 10,435 = 5,246.50; Margaret Muthoni Kiarie – ½ x 10,093 = 5,046.50
- 2.Payment of service pay equivalent to 15 days for each year worked: Judith Nekesa Juma – ½ x 10,435 x 1 = 5,217.50; Margaret Muthoni Kiarie – ½ x 10,093 x 2 = 10,093
- 3.Total awards: Judith Nekesa Juma – 10,464/=; Margaret Muthoni Kiarie – 20,186/=
- 4.The respondents will pay costs of the suit
- Jurisdiction invoked
- Employment and Labour Relations Court Act, 2011 and the Employment and Labour Relations Court (Procedure) Rules, 2016
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Plantation & Agricultural Workers Union v Flamingo Horticulture – Kingfisher Farm (Employment and Labour Relations Cause E023 of 2022) [2023] KEELRC 1651 (KLR)", Case Analysis (2023). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1651/eng@2023-07-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.