[2019] KEELRC 1093 (KLR)
The court held that the application to enforce the salary increments by citing the respondent for contempt was premature, as the Collective Bargaining Agreement had not been registered at the time the application was filed. Only upon registration of the CBA on 14th February 2019 did the agreed terms become binding...
Source-derived case information.
- Citation
- [2019] KEELRC 1093 (KLR)
- Parties
- Applicant: Kenya Union of Sugar Plantation and Allied Workers; Respondent: West Kenya Sugar Company Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 258 of 2018
- Procedural Posture
- Employment Cause / Ruling on Contempt Application
- Outcome
- application dismissed with costs
- Judges
- MN Nduma
- Legal Topics
- Collective Bargaining Agreement, Salary Increment Disputes, Contempt of Court, Enforcement of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kenya Union of Sugar Plantation and Allied Workers
Applicant
West Kenya Sugar Company Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Contempt Application
Legal Issues
- 1 Whether the respondent was in contempt of court for failing to implement the consent order on salary increments fully.
- 2 Whether the application to enforce the salary increments was premature before registration of the CBA.
- 3 Whether the salary increments applied to all categories of employees, including those on fixed term contracts and casuals.
Ratio Decidendi
The court held that the application to enforce the salary increments by citing the respondent for contempt was premature, as the Collective Bargaining Agreement had not been registered at the time the application was filed. Only upon registration of the CBA on 14th February 2019 did the agreed terms become binding and incorporated into the contracts of all covered employees. The court further found that if there was any ambiguity regarding the categories of employees covered by the salary increment, the appropriate remedy was to seek interpretation from the court, not to initiate contempt proceedings. Consequently, the application was deemed an abuse of court process and was dismissed...
Court Disposition
application dismissed with costs
Orders
- The application to cite the respondent for contempt is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT KISUMU
CAUSE NO. 258 OF 2018
(Before Hon. Justice Mathews N. Nduma)
KENYA UNION OF SUGAR PLANTATION
AND ALLIED WORKERS...................................................................2ND CLAIMANT
VERSUS
WEST KENYA SUGAR COMPANY LIMITED...................................RESPONDENT
RULING
1. The agreement by the parties dated 28th August 2018 was adopted as an order of the court on 20th September, 2018. The agreement contained salary increment for workers and the agreement effectively settled the dispute in cause No. 258 of 2018 out of court.
2. The Notice of Motion application to enforce that agreement by holding the 2nd respondent, the Chief Financial Officer West Kenya Sugar Company in contempt of court and send him to imprisonment for a period of up to six months was filed on 29th October 2018 alleging that the respondents have failed to implement the consent order entered into on 20th September 2018 fully. That the agreed terms were only applied to permanent employees but not to employees on fixed term contracts and casuals who were left out.
3. The agreement specifically named category of workers whose salaries were increased to include:
(i) Operative UG1 – UG7- 13%
(ii) Clerical UG01-UG03- 12%
(iii) Operative UG8-UG13- 12%
(iv) Clerical UG04-UG08- 12%
4. Subsequently Collective Bargaining Agreement between the parties was registered by Hon. Maureen Onyango on 14th February 2019 as CBA No. 258 of 2018.
5. The application to enforce the salary increments was brought prematurely on 29th October 2018.
6. The court is satisfied that as at that time, the CBA having not been registered in terms of the provisions of Labour Relations Act, the applicants had no basis of bringing this application.
7. Furthermore, once the CBA was registered on 14th February 2019, the agreed terms became part and parcel of the terms and condition of service of all covered employees and same were deemed to be incorporated in their individual contracts of employment.
8. If there is ambiguity as to the category of workers to whom the salary increase applied, it is up to the applicant to move court for interpretation but not to cite the employer for contempt of court.
9. The application is an abuse of court process, lacks merit and is dismissed with costs.
Ruling Dated, Signed and delivered this 18th day of July, 2019.
Mathews N. Nduma
Judge
Appearances
F.K.E for Respondent
P.D Onyango for Claimant
Chrispo – Court Clerk