Timothy & 10 others v English Press Limited (Cause 227, 228, 230, 231, 247, 248, 249, 250, 251, 305 & 306 of 2014 (Consolidated)) [2024] KEELRC 2164 (KLR)
The bottom line
#The Employment Court found no unfair termination where employees refused to return after an unprotected strike, but still ordered their employer to issue certificates of service.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Claimants' contracts were terminated unfairly and unlawfully by the Respondent
- 2.Whether the Claimants are entitled to the prayers sought
Key legal issues
#Whether termination was unfair and unlawful
No unfair termination; the Claimants were among 14 employees who, having engaged in an unprotected strike over a slight salary delay, declined to apologize and opted to cease employment, and were paid their dues
The court found 214 employees downed tools over a 3-day salary delay despite reassurance of payment by 8th October. 200 apologized and resumed with no adverse action. The 14 Claimants refused to apologize, expressed written wishes to cease working, and were paid terminal dues. Their allegation of being accosted by the CEO was diversionary. Claims for terminal benefits and 12 months' compensation therefore failed; only certificates of service were granted.
Entitlement to certificates of service
Granted notwithstanding dismissal of the substantive claims
Although the claims were declined, the court found the Claimants entitled to certificates of service, a statutory entitlement ancillary to separation from employment.
Legal principles established
#- An employee who participates in an unprotected strike and refuses to resume work after reassurance cannot found a claim of unfair termination where he chooses to cease employment rather than apologize and return to work
- Employees who resign/cease work after an unprotected strike are entitled to certificates of service
Court orders
#- 1.The consolidated claims are declined except for the prayer on certificate of service
- 2.The Respondent to issue each Claimant with a certificate of service
- 3.A copy of the Judgment to be placed in each of the files
- 4.No order on the costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Original employment and labour relations jurisdiction of the Employment and Labour Relations Court
- Consolidated with
- Various Causes of 2014 consolidated into Cause No. 227 of 2014 as the reference file
Relief refused
#Rest days
Claims lacked merit; Claimants engaged in unprotected strike and refused to resume work
Public holidays
Claims declined
Annual leave
Claims declined
Notice
Claims declined
Severance
Claims declined
Salary for days worked to the date of termination
Claimants left employment and were paid what was due to them
12 months' salary compensation for unfair termination
No unfair termination found; Claimants participated in unprotected strike and chose to cease working
Costs
No order on costs
Interest
Claims declined
Costs
No order on the costs (each party to bear own costs implicitly; judgment states only 'No order on the costs.')
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The consolidated claims are declined except for the prayer on certificate of service.
The Respondent to issue each Claimant with a certificate of service.
No order on the costs.
They engaged in an unprotected strike, and even when they were reassured that their salaries would be available by 8th October 2013, declined to resume work.
The Court does not find merit in their respective claims, except on their prayers for issuance of Certificates of Service.
Issues in the judgment
#Judgment records that Claimants gave evidence in 2013, which predates filing of the 2014 claims
Names of individual Claimants and the number of Causes consolidated are not set out in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Timothy & 10 others v English Press Limited (Cause 227, 228, 230, 231, 247, 248, 249, 250, 251, 305 & 306 of 2014 (Consolidated)) [2024] KEELRC 2164 (KLR)", Case Analysis (2024). Cause No. 227 of 2014 (and consolidated Causes of 2014). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2164/eng@2024-08-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.