Kenya Union Of Commercial Food & Allied Workers (KUCFAW) v Kenya National Library Service (Cause 1438 of 2018) [2023] KEELRC 3434 (KLR) (22 November 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 3434
- Citation
- [2023] KEELRC 3434 (KLR)
- Decided
- 22 November 2023
The Court declares the Respondent's failure to adjust employees' wages to be in conformity with the Regulation of Wages (General)(Amendment) Order 2017 illegal, and the failure to pay hardship and medical allowances as detailed in the parties' CBA unlawful. The Court orders the Respondent to adjust the employees' basic wages to be in conformity with the Regulation of Wages (General)(Amendment) Order 2017 and pay the resultant arrears from May 1, 2017. The Claimant will be entitled to costs of the suit.
Facts
The Claimant Union, KUCFAW, filed a suit against the Respondent, Kenya National Library Service, alleging non-compliance with the Collective Bargaining Agreement (CBA) clauses regarding hardship allowance, wage adjustment, and outpatient medical allowance. The Respondent denied the claims, citing financial constraints and the need to follow the Salaries and Remuneration Commission (SRC) guidelines.
Issues
- Respondent's failure to adjust employees' wages to be in conformity with the Regulation of Wages (General)(Amendment) Order 2017
- Respondent's failure to pay hardship and medical allowances as detailed in the parties' CBA
- Respondent's failure to pay arrears of wages and allowances
Reasoning
The Court found the Respondent's failure to pay statutory minimum wages illegal and ordered the Respondent to correct the underpayments promptly.
Outcome
The Respondent is ordered to adjust employees' wages and pay arrears, and the Claimant is awarded costs.
Orders
- The parties are directed to resume negotiations in respect of the collective bargaining agreement due.
- The Respondent must ensure the underpayments are promptly resolved with the relevant Ministry and Treasury.
Remedies
- Adjustment of employees' basic wages to be in conformity with the Regulation of Wages (General)(Amendment) Order 2017 and payment of resultant arrears from May 1, 2017.
- Claimant is awarded costs of the suit.
Authorities cited
Legislation (2)
- Regulation of Wages (General)(Amendment) Order 2017
- Salaries and Remuneration Commission Act, 2011
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