Transport Workers Union v Glory Driving School [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Nairobi
Category
Civil
Judge(s)
Hon. Lady Justice Maureen Onyango
Judgment Date
October 09, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the Transport Workers Union v Glory Driving School [2020] eKLR case summary, analyzing key decisions and implications for labor rights in the transport sector.

Case Brief: Transport Workers Union v Glory Driving School [2020] eKLR

1. Case Information:
- Name of the Case: Transport Workers Union v. Glory Driving School
- Case Number: Cause No. 296 of 2013
- Court: Employment and Labour Relations Court at Nairobi
- Date Delivered: 9th October 2020
- Category of Law: Civil
- Judge(s): Hon. Lady Justice Maureen Onyango
- Country: Kenya

2. Questions Presented:
The central legal issues before the court included:
1. Whether the termination of the grievants on account of redundancy constituted unfair termination.
2. Whether the Claimant was entitled to the reliefs sought, including compensation for unfair termination, notice pay, and other claims related to unpaid wages and benefits.

3. Facts of the Case:
The Claimant, Transport Workers Union, is a registered trade union representing employees in the transport sector. The Respondent, Glory Driving School, is a limited liability company providing driving lessons and training. The Respondent terminated the employment of 44 employees, referred to as the grievants, citing redundancy due to a decline in business. The Claimant sought to prevent these redundancies and later filed a claim for various unpaid dues after the redundancies occurred despite court orders to halt them. During the proceedings, six grievants withdrew their claims, leaving 29 represented by the Claimant.

4. Procedural History:
The Claimant filed a Memorandum of Claim on 31st May 2013, seeking to prevent the redundancies and later pursued claims for unpaid salaries, severance pay, and other entitlements. The Respondent filed a response on 21st March 2013, asserting that the redundancy was lawful and justified due to financial constraints. The case progressed through hearings where testimonies were given by representatives of both parties, leading to the court's judgment on 9th October 2020.

5. Analysis:
Rules:
The court considered relevant provisions of the Employment Act, particularly Section 40, which outlines the conditions under which an employer may terminate a contract of service on account of redundancy. This includes notifying the affected employees and the trade union, providing notice pay, and ensuring fair selection criteria.

Case Law:
The court referenced previous rulings, including *Bertha Awuor Kowido v. Speed Capital Limited [2019] eKLR* and *Francis Maina Kamau v. Lee Construction [2014] eKLR*, which established that failure to comply with statutory redundancy procedures renders a termination unlawful and unfair.

Application:
The court found that the Respondent failed to prove financial constraints justifying the redundancy, did not follow the required notification procedures, and did not provide evidence of fair selection criteria. The timing of the redundancy notices, following CBA negotiations, suggested that the Respondent may have used redundancy as a pretext to evade obligations under the CBA. Consequently, the court ruled the termination as unfair and awarded the grievants compensation based on their length of service.

6. Conclusion:
The court ruled in favor of the Claimant, determining that the termination of the grievants was unfair. The court awarded compensation for unfair termination based on the length of service, one month’s salary in lieu of notice, and unpaid salary for the period following the termination. The claim for severance pay was denied to avoid double compensation.

7. Dissent:
There were no dissenting opinions noted in this case.

8. Summary:
The Employment and Labour Relations Court found that Glory Driving School unlawfully terminated the employment of 29 grievants on account of redundancy, failing to comply with statutory requirements. The court awarded the grievants compensation for unfair termination, notice pay, and unpaid wages, emphasizing the importance of adhering to legal procedures in redundancy situations. This decision underscores the protection of workers' rights in Kenya's labor laws and the judicial system's role in enforcing these rights.

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