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ELRCPartially AllowedCause No. 227 of 2014 (and consolidated Causes of 2014)· [2024] KEELRC 2164 (KLR)

Timothy & 10 others v English Press Limited (Cause 227, 228, 230, 231, 247, 248, 249, 250, 251, 305 & 306 of 2014 (Consolidated)) [2024] KEELRC 2164 (KLR)

Employment and Labour Relations Court
28 August 2024
JRJames Rika
1,085 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Employment Court found no unfair termination where employees refused to return after an unprotected strike, but still ordered their employer to issue certificates of service.

What this practically means

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Executive summary

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Fourteen consolidated claims by former General Workers against a common employer, a printing company, were decided together with Cause No. 227 of 2014 as the reference file. The Claimants, employed from 7th October 2013, alleged they were verbally and physically accosted by the Production Manager and CEO when they enquired about delayed September 2013 salaries, summarily dismissed without explanation, coerced into signing exit letters, and denied terminal dues. They sought rest days, public holidays, annual leave, notice, severance, salary for days worked, 12 months' compensation for unfair termination, costs, interest, and certificates of service. The Respondent, through a common Statement of Response, maintained the Claimants joined an illegal unprotected strike on 7th October 2013 over a roughly three-day salary delay, were advised salaries would be paid by 8th October, and were asked to apologize in writing and resume work; 200 of 214 striking employees complied, while the 14 Claimants declined, opted to resign, and were paid their terminal dues. Rachael Karugu, Head of Human Resource, testified that the resignations were genuine. The court found the Claimants' allegation of accosting diversionary, held they engaged in an unprotected strike and intransigently refused to apologize or resume work, and found they left employment having been paid what was due. All claims were declined except certificates of service. The Respondent was ordered to issue each Claimant a certificate of service, with no order on costs.

Key legal issues

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01

Whether termination was unfair and unlawful

Holding

No unfair termination; the Claimants were among 14 employees who, having engaged in an unprotected strike over a slight salary delay, declined to apologize and opted to cease employment, and were paid their dues

Reasoning

The court found 214 employees downed tools over a 3-day salary delay despite reassurance of payment by 8th October. 200 apologized and resumed with no adverse action. The 14 Claimants refused to apologize, expressed written wishes to cease working, and were paid terminal dues. Their allegation of being accosted by the CEO was diversionary. Claims for terminal benefits and 12 months' compensation therefore failed; only certificates of service were granted.

p. 3
02

Entitlement to certificates of service

Holding

Granted notwithstanding dismissal of the substantive claims

Reasoning

Although the claims were declined, the court found the Claimants entitled to certificates of service, a statutory entitlement ancillary to separation from employment.

p. 4

Legal principles established

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  • An employee who participates in an unprotected strike and refuses to resume work after reassurance cannot found a claim of unfair termination where he chooses to cease employment rather than apologize and return to work
  • Employees who resign/cease work after an unprotected strike are entitled to certificates of service

Court orders

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  1. 1.The consolidated claims are declined except for the prayer on certificate of service
  2. 2.The Respondent to issue each Claimant with a certificate of service
  3. 3.A copy of the Judgment to be placed in each of the files
  4. 4.No order on the costs
Jurisdiction invoked
Original employment and labour relations jurisdiction of the Employment and Labour Relations Court

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, "Timothy & 10 others v English Press Limited (Cause 227, 228, 230, 231, 247, 248, 249, 250, 251, 305 & 306 of 2014 (Consolidated)) [2024] KEELRC 2164 (KLR)", Case Analysis (2024). Cause No. 227 of 2014 (and consolidated Causes of 2014). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2164/eng@2024-08-28

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