Kenya Union of Hair & Beauty Workers v Style Industries Limited (Cause 450 of 2018) [2024] KEELRC 2020 (KLR)
The bottom line
#Kenya's Employment Court ruled a union can sue for members without a recognition agreement, awarding 86 workers one month's salary each for unlawful termination.
What this practically means
#Executive summary
#Key legal issues
#Union mandate to sue without a recognition agreement
The Claimant Union had mandate to represent the Grievants as its members despite absence of a recognition agreement
Relying on Modern Soap Factory v Kenya Shoe and Leather Worker Union, the court accepted that recognition agreements are only required for collective bargaining; membership evidenced by check-off forms suffices for representation in court. The Respondent filed no submissions to counter this position.
Forgery of fixed term contracts by the Respondent
The Respondent forged names and signatures of some employees to fabricate fixed term contracts
The Handwriting Expert Report demonstrated that the purported signatures did not align with the Grievant's true signature; the Respondent neither challenged the findings nor produced its own expert. The court characterised this as subterfuge and corrupt practice, though it tempered the resulting relief to one month's salary compensation per Grievant.
Unlawful termination and compensation
The Grievants were entitled to compensation for unlawful termination, assessed at one month's salary each
Although the Claimant sought maximum compensation under section 49(1)(c) and general damages of Kshs 1 Million per Grievant, the court found most Grievants were seasonal general workers on short engagements who were not entitled to long-term employee benefits, and limited the award to one month's salary per Grievant, to be tabulated by the parties.
Maternity leave pay
Only the single Grievant who adduced evidence of unpaid maternity leave is entitled to 3 months' maternity leave salary
CW2 testified she was denied salary while on maternity leave despite giving notice, and produced maternity medical documents; the Respondent did not demonstrate payment. No other Grievant led evidence on this head, so the relief is limited to that one Grievant.
Legal principles established
#- A trade union may represent its members in court even without a recognition agreement; recognition is only required for collective bargaining, not representation
Court orders
#- 1.Award of one month's salary as compensation for unlawful termination for each of the 86 Grievants
- 2.Payment of 3 months' maternity leave salary to the one Grievant who proved she proceeded on leave without payment
- 3.Parties to tabulate the sums due per grievant based on their individual earning per month
- 4.Each party to bear their own costs of the suit
- Jurisdiction invoked
- Original employment and labour relations jurisdiction (Employment and Labour Relations Court)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Hair & Beauty Workers v Style Industries Limited (Cause 450 of 2018) [2024] KEELRC 2020 (KLR)", Case Analysis (2024). ELRC Cause (Nairobi), filed March 2018, Further Amended Statement of Claim dated 22nd January 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2020/eng@2024-08-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.