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IndustrialAllowedCause 25 of 2006· [2006] KEIC 3 (KLR)

Kenya Union of Commercial, Food & Allied Workers v Kenya Millers Ltd. (Cause 25 of 2006) [2006] KEIC 3 (KLR)

Industrial Court of Kenya
12 July 2006
CCCharles P. ChemuttutJKJ.M. KilonzoOWO.A. Wafula
1,228 words in judgment
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The bottom line

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Kenya's Industrial Court awarded a dismissed union official full compensation after his employer failed to respond, showing silence in a labour case can be costly.

What this practically means

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Executive summary

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The Minister for Labour referred a trade dispute to the Industrial Court at Nairobi on 8 February 2006 under Section 8 of the Trade Disputes Act, Cap. 234, concerning the dismissal of Mr. Charles Kaloki, a Machine Operator employed by Kenya Millers Ltd since May 1989 and a Chief Shopsteward. The Union, through Mr. Benson I. Maina, submitted that although the grievant was ostensibly dismissed on 16 June 2003 for disobeying a lawful order, the real reason was his trade union activities. An investigator appointed by the Minister, Ms. Mary Kahuthia, found that the grievant, who had a clean employment record, was dismissed because of his union activities, and recommended payment of normal terminal benefits plus twelve months' wages as compensation for wrongful dismissal. The Union accepted the recommendation but the Company rejected it. The Company, though duly served with the hearing notice and the Union's memorandum - receipt of which was acknowledged by its director - filed no reply and did not appear at the hearing or at mention, and no reasons were given. The dispute was accordingly heard ex-parte. Holding that the Union's demand stood unchallenged, the Court awarded the full Kshs. 330,395.01 claimed, covering salary arrears, house allowance, leave travelling allowance, overtime, two months' notice pay, gratuity for 14 years of service, and twelve months' wages as compensation for wrongful dismissal, payable within thirty days of the award. The members of the Court sat with the judge and were in full agreement with the decision.

Key legal issues

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01

Wrongful dismissal of the grievant on account of trade union activities

Holding

The Court accepted the Minister's investigator's finding that the grievant, who had a clean employment record, was dismissed on account of his union activities, and awarded 12 months' wages as compensation in accordance with the Minister's recommendation.

Reasoning

The Minister for Labour had referred the dispute with statutory certificates, and an investigator appointed under the Trade Disputes Act found the dismissal was due to union activities despite the stated ground of disobeying a lawful order. The Company filed no reply statement and did not appear, so the claim was uncontested and the Court granted the amounts claimed, including 12 months' wages as compensation for wrongful dismissal.

p. 2
02

Effect of the respondent's non-appearance and failure to file a reply

Holding

The dispute was heard ex-parte and the unchallenged claim was granted in full.

Reasoning

The Company was duly served with the hearing notice and the Union's memorandum by an authorized process server, and its director acknowledged receipt, yet it filed no reply statement and gave no reasons for non-appearance at the hearing. The Court accordingly treated the Union's demand as unchallenged and awarded the full Kshs. 330,395.01 claimed.

p. 4

Legal principles established

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  • Where a claim stands unchallenged and uncontroverted before the Industrial Court, the Court may grant it as claimed.

Court orders

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  1. 1.The Company is ordered to pay the grievant Kshs. 330,395.01 within thirty (30) days from the date of the award
Jurisdiction invoked
Section 8 of the Trade Disputes Act, Cap. 234, Laws of Kenya

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 & Allied Workers v Kenya Millers Ltd. (Cause 25 of 2006) [2006] KEIC 3 (KLR)", Case Analysis (2006). Cause 25 of 2006. Source: https://new.kenyalaw.org/akn/ke/judgment/keic/2006/3/eng@2006-07-12

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