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ELRCDismissedELRC E6548 of 2020· [2024] KEELRC 170 (KLR)

Kenya Union of Commercial, Food and Allied Workers v London Distillers (K) Limited (Employment and Labour Relations Cause E6548 of 2020) [2024] KEELRC 170 (KLR)

Employment and Labour Relations Court
8 February 2024
591 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court refused to pause a worker's dismissal claim just because a related case challenged the CBA it relied on.

What this practically means

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Executive summary

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The claimant union, Kenya Union of Commercial Food and Allied Workers, sued on behalf of grievant Lucy Wangari Macharia, a former employee of London Distillers Limited whose employment ended on 1/2/2019, seeking declarations that the grievant's transfers were procedurally unfair and that she was constructively dismissed, plus payment of five months' pay in lieu of notice and service pay computed under clause 6 of the parties' Collective Bargaining Agreement, and costs. The respondent denied the claim, asserting the grievant voluntarily resigned. Before the hearing, the respondent filed a Notice of Motion dated 28/8/2023 seeking a stay of proceedings pending determination of a related suit, ELRC CBA No. 267 of 2017, in which the legality of clauses 6 and 22 of the 2017 CBA is in dispute, arguing the present claim sought to effect those clauses. The claimant opposed through the affidavit of its General Secretary Boniface M. Kavuvi, contending the suit would be determined on the contract of service and that, if the 2017 CBA fell, terms would revert to the CBA of 1st May 2013, leaving no void; the application was said to be misconceived and an abuse of process. Justice Mathews N. Nduma found no justification for a stay, held the claim did not depend on the validity of the CBA in dispute, found the application frivolous and an abuse of process that had delayed the suit, and dismissed the application with costs on 8th February 2024.

Key legal issues

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01

Whether the existence of a related suit challenging the validity of the CBA justifies a stay of proceedings

Holding

No stay granted; the claim rests on the contract of service and terminal dues, and does not depend on the CBA clauses under challenge

Reasoning

The applicant argued that the claim sought to effect clauses 6 and 22 of the 2017 CBA, whose legality is in dispute in ELRC CBA No. 267 of 2017, and thus the suit should be stayed. The claimant/respondent countered that the dispute would be determined on the contract of service, and that if the 2017 CBA were nullified, terms would fall back on the CBA dated 1st May 2013, leaving no void. The court was not persuaded that any justification existed, found the claim independent of the CBA dispute, and branded the application frivolous and an abuse of process causing delay.

p. 2

Legal principles established

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  • A stay of proceedings will not issue where the claim before the court is not dependent on the validity of the subject matter in dispute in the other suit

Court orders

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  1. 1.The Notice of Motion dated 28/8/2023 seeking stay of proceedings is dismissed
  2. 2.Costs of the application to the claimant/respondent
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over the memorandum of claim (Employment and Labour Relations Act); judgment does not cite a specific provision

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kenya Union of Commercial, Food and Allied Workers v London Distillers (K) Limited (Employment and Labour Relations Cause E6548 of 2020) [2024] KEELRC 170 (KLR)", Case Analysis (2024). ELRC E6548 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/170/eng@2024-02-08

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.