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Case Brief · caselaw.co.ke
ELRCPartially AllowedELRC Cause (Nairobi), filed March 2018, Further Amended Statement of Claim dated 22nd January 2024· [2024] KEELRC 2020 (KLR)

Kenya Union of Hair & Beauty Workers v Style Industries Limited (Cause 450 of 2018) [2024] KEELRC 2020 (KLR)

Employment and Labour Relations Court
1 August 2024
1,640 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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The Claimant Union sued in March 2018 on behalf of 86 Grievants, former employees of the Respondent, seeking declarations that their August 2016 terminations were unfair, unlawful and violated Articles 41(1), 41(2)(c) and 27 of the Constitution; maternity leave pay; compensation under section 49(1)(c) of the Employment Act; general damages of Kshs 1 Million per Grievant; exemplary and aggravated damages; costs and interest. The Claimant argued the Grievants were not on fixed term contracts, that the Respondent forged signatures on purported fixed term contracts (supported by an unchallenged handwriting expert report), that terminations targeted union membership, and that a Grievant was denied salary during maternity leave. The Respondent, which filed no submissions, contended the Union lacked a recognition agreement and thus mandate to sue, and that the Grievants' fixed term contracts expired on 30th August 2016 with full and final settlement signed. The court held the Union could represent its members without a recognition agreement, following Modern Soap Factory v Kenya Shoe and Leather Worker Union as cited by the Claimant. It found the Respondent engaged in forgery, but noted most Grievants were seasonal general workers not entitled to long-term employee benefits. The court granted only one month's salary as compensation for unlawful termination for each of the 86 Grievants and 3 months' maternity leave salary for the single Grievant who proved her claim, with parties to tabulate sums due. Exemplary and aggravated damages, general damages and most declarations were refused for want of evidence. Each party was ordered to bear its own costs.

Key legal issues

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01

Union mandate to sue without a recognition agreement

Holding

The Claimant Union had mandate to represent the Grievants as its members despite absence of a recognition agreement

Reasoning

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.

p. 2
02

Forgery of fixed term contracts by the Respondent

Holding

The Respondent forged names and signatures of some employees to fabricate fixed term contracts

Reasoning

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.

p. 3
03

Unlawful termination and compensation

Holding

The Grievants were entitled to compensation for unlawful termination, assessed at one month's salary each

Reasoning

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.

p. 4
04

Maternity leave pay

Holding

Only the single Grievant who adduced evidence of unpaid maternity leave is entitled to 3 months' maternity leave salary

Reasoning

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.

p. 4

Legal principles established

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  • 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

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  1. 1.Award of one month's salary as compensation for unlawful termination for each of the 86 Grievants
  2. 2.Payment of 3 months' maternity leave salary to the one Grievant who proved she proceeded on leave without payment
  3. 3.Parties to tabulate the sums due per grievant based on their individual earning per month
  4. 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

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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 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.