Bakery Confectionary, Food Manufacturing & Allied Workers Union v Manji Foods Industries Limited (Cause 932 of 2018) [2024] KEELRC 1466 (KLR)
The bottom line
#A Kenyan court ruled a turnboy locked out without a hearing was unfairly dismissed, entitling him to notice pay, compensation, and a service certificate.
What this practically means
#Executive summary
#Key legal issues
#Union representation/locus standi
The Claimant Union had capacity to represent the Grievant; the Respondent's objection was rejected
The Respondent never raised a preliminary objection on representation, had itself written to the Ministry of Labour in 2017 concerning the Grievant, and the Shop steward had intervened on his behalf. The Court found the Grievant was a member and the Claimant the appropriate union in the sector, so nothing turned on the point.
Status of employment
The Grievant was not a daily casual but a contract worker whose contract renewed monthly, entitled to statutory safeguards
The Grievant worked continuously for over 30 days as a turnboy, bringing him within section 37 of the Employment Act. The Court found it inconceivable that a critical delivery role would be given to a daily casual, and held his contract renewed each month after the first few months of service.
Fairness of termination
The termination was substantively and procedurally unfair - no valid reasons proved and no hearing conducted per section 41
The Respondent produced no invite to a disciplinary meeting or minutes demonstrating a hearing, and failed to prove reasons for termination under sections 43, 45 and 47 of the Employment Act. The lock-out following the traffic incident therefore amounted to an unlawful dismissal.
Limitation on underpayment claim
Underpayment is a continuing wrong recoverable only for the last 12 months of service under section 90 of the Employment Act
The Court accepted that failure to pay a proper wage is a continuing wrong, and applying section 90 limited the recoverable underpayment to the 12 months preceding the termination, awarding underpayment for 9 months computed on that basis.
Legal principles established
#- An employee engaged continuously for more than 30 days is not a casual but a contract worker entitled to statutory safeguards under section 37 of the Employment Act
- Termination without invitation to a disciplinary hearing, minutes, or opportunity to be heard violates section 41 of the Employment Act
Court orders
#- 1.One month's pay in lieu of notice – Kshs. 19,850/-
- 2.Underpayment for 9 months – Kshs. 16,488/-
- 3.12 months salary as compensation – Kshs. 238,200/-
- 4.Costs of the suit
- 5.Certificate of service in terms of section 51 of the Employment Act
- 6.Interest on the sums at court rates from the date of judgment till payment in full
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over the trade dispute referred following conciliation under the Labour Relations Act and Employment Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Bakery Confectionary, Food Manufacturing & Allied Workers Union v Manji Foods Industries Limited (Cause 932 of 2018) [2024] KEELRC 1466 (KLR)", Case Analysis (2024). Not stated in the excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1466/eng@2024-06-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.