Kenya Union of Commercial, Food and Allied Workers v Iriaini Farmers Cooperative Society Ltd (Employment and Labour Relations Cause E052 of 2021) [2022] KEELRC 13175 (KLR) (31 October 2022) (Judgment)

Summary at a glance

Facts

The respondent reduced the salaries of 13 workers in July 2018 without consensus, and later deducted their salaries without consulting the claimant. A trade dispute was reported for conciliation in February 2020 but was unsuccessful.

Issues

• Whether the respondent's reversal and reduction of the salaries of the 13 grievants in September, 2018 was lawful?
• Whether the claimant is entitled to the relief sought?

Reasoning

The claimant demonstrated a case of unlawful deduction of salaries through collective bargaining agreements and trade dispute reports. The respondent ignored the claimant's attempts for conciliation.

Outcome

Claimant's case successful

Orders

• Order respondent to reverse and forthwith effect the thirteen stas salaries as they were in September 2018.
• Order respondent to refund/pay to the thirteen members of stas whose salaries were reduced a total of Kshs 1,798,492.00.
• Order commissioner of labour to compute the unduly deducted salaries for the 13 workers for periods after September, 2021 to date.
• Order respondent to pay interest in (ii and iii) above at court rates from October 2018 when the reduction started.
• Order costs of the claim to be borne by the respondent.

Remedies

• Refund of Kshs 1,798,492.00 to the 13 members of stas.
• Commissioner of labour to compute unduly deducted salaries for the 13 workers after September, 2021.