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ELRCPartially AllowedCause No. 24 of 2002· [2002] KEELRC 27 (KLR)

KENYA PLANTATION & AGRICULTURAL WORKERS’ UNION v BROOKE BOND KENYA LTD [2002] KEELRC 27 (KLR)

Industrial Court of Kenya
22 August 2002
CCCharles P. ChemmuttutAKA.K. KerichJKJ.M. Kilonzo
1,442 words in judgment
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The bottom line

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A Kenyan labour court reinstated a sacked tea worker but limited his back pay to 10 months' wages because the case itself took over four years to resolve.

What this practically means

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Executive summary

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This is an Industrial Court award in a trade dispute referred by the Minister for Labour under Section 8 of the Trade Disputes Act, Cap. 234. The Union sought unconditional reinstatement of the grievant, John Omondi, without loss of benefits for the period out of employment. He had been employed by Brooke Bond Kenya Ltd from 1st April 1993 and terminated on 9th April 1998 for allowing his wife to brew and stock chang'aa in the Company house allocated to him. No police charges were preferred. The Minister's investigator found the grievant had ignored Company warnings against illicit brewing, but recommended an extra two months' salary as compensation given his clean record; the Union did not accept that recommendation. The Company, through Mr. Kariuki, argued the grievant was responsible for conduct in his allocated house and that termination (rather than summary dismissal) was lenient. During the hearing the Company agreed to reinstate the grievant to his job without pay, narrowing the dispute to back wages and benefits. The court, per Charles P. Chemmuttut, J, with both Members concurring, held that the over four-year delay in disposing of the dispute was attributable to neither party but to the investigation machinery, and it would be inequitable to burden the Company with heavy financial commitment for that period. The court awarded reinstatement with continuity of service from the date of wrongful termination, 10 months' wages as compensation based on last pay, and treated the remainder of the period as leave without pay. Dated and delivered at Nairobi on 22nd August 2002.

Key legal issues

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01

Wrongfulness of termination

Holding

The court treated the termination as wrongful, as reflected in its orders, while noting the Company ultimately agreed to reinstate the grievant

Reasoning

The Company terminated the grievant for allowing his wife to stock chang'aa in the allocated Company house, but the police preferred no charges and the Minister's investigation found the grievant had a clean employment record deserving more than he received. At the hearing the Company indicated willingness to reinstate, so the contest narrowed to back wages and benefits.

p. 2
02

Entitlement to back wages

Holding

Only 10 months' wages awarded as compensation; the remainder treated as leave without pay

Reasoning

The court held the over four-year delay in disposal was attributable to neither party but to the investigation machinery or procedure. It would therefore be inequitable to burden the Company with heavy financial commitment for the long period for which it was not responsible, warranting a partial rather than full back-pay award.

p. 2

Legal principles established

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  • An employee wrongfully terminated may be reinstated with continuity of service, and compensation for lost wages may be tempered by the length and cause of the delay in resolving the dispute, with the period not compensated treated as leave without pay

Court orders

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  1. 1.The grievant be reinstated to his job with continuity of service from the date of his wrongful termination
  2. 2.The grievant be paid 10 months' wages as compensation based on his last pay at the time of wrongful termination
  3. 3.The rest of the period out of employment to be treated as leave without pay

Authorities

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Legislation

  • Trade Union Act, Cap. 233, Laws of KenyaSection 11 (printed as 'Section II')
  • Trade Disputes Act, Cap. 234, Laws of KenyaSection 8; Section 14(9)(e) and (f)
Jurisdiction invoked
Section 8 of the Trade Disputes Act, Cap. 234, Laws of Kenya - referral by the Minister for Labour

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (4)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "KENYA PLANTATION & AGRICULTURAL WORKERS’ UNION v BROOKE BOND KENYA LTD [2002] KEELRC 27 (KLR)", Case Analysis (2002). Cause No. 24 of 2002. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2002/27/eng@2002-08-22

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