Kenya Game Hunting & Safaris Workers’ Union v Pollman's Tours & Safaris Limited (Cause 117 of 2006) [2007] KEIC 11 (KLR)
The bottom line
#Kenya's Industrial Court awarded a 7% wage increase but refused to decide issues not listed in the union's formal dispute notification.
What this practically means
#Executive summary
#Key legal issues
#Minimum wage increase
Minimum wages to be raised by 7% across the board, as a middle ground between the union's demands and the company's offers.
The Government rates supplied by the parties did not tally, so the Court derived no guidance from them. Weighing the union's demands against the company's offers, the Court considered that a middle ground would meet the ends of justice and equity, and fixed a uniform 7% increase rather than adopting either party's figures category by category.
Long service increment formula
No specific award made; the company was advised to pay fair and reasonable wages.
The parties agreed employees deserved a Kshs. 1,000 increment but proposed conflicting formulas differing only in the order of components. The Court found it could not discern what the parties sought to achieve, held that the essential concern is fair and reasonable wages under the labour laws, and stated it cannot interfere with management absent want of good faith.
Jurisdiction limited to issues in the Notification of Dispute
The effective date and duration issue, not being in the Form 'A' notification, could not be entertained; parties may report a fresh dispute.
The Notification of Dispute is the document by which parties submit to the Court's jurisdiction, and it must be signed by specified officers of the parties. Under Rule 7(1) of the Industrial Court (Procedure) Rules and Section 14(7) of the Trade Disputes Act, the Court takes cognizance only of the dispute notified. Exceeding those issues would be fatal, so the Court declined to determine the unnotified issue.
Legal principles established
#- The Industrial Court's jurisdiction is confined to the issues set out in the Notification of Dispute (Form 'A'); the Court cannot adjudicate on matters not listed in it.
Court orders
#- 1.Minimum wages raised by 7% across the board
- 2.No award on the long service increment issue; the company advised to pay fair and reasonable wages to the employees
- 3.The issue of effective date and duration declared beyond the scope of adjudication; parties at liberty to report a fresh dispute on that issue
- Jurisdiction invoked
- Section 14(7) of the Trade Disputes Act, Cap. 234, Laws of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Game Hunting & Safaris Workers’ Union v Pollman's Tours & Safaris Limited (Cause 117 of 2006) [2007] KEIC 11 (KLR)", Case Analysis (2007). Cause 117 of 2006. Source: https://new.kenyalaw.org/akn/ke/judgment/keic/2007/11/eng@2007-06-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.