Kenya Union of Hair & Beauty Workers v Style Industries Limited (Cause 450 of 2018) [2024] KEELRC 2020 (KLR) (1 August 2024) (Judgment)

Summary at a glance

Facts

The Claimant Union filed a claim on behalf of 86 Grievants, former employees of the Respondent, alleging wrongful termination and violation of constitutional and statutory rights. The Respondent argued that the Grievants were on individual fixed-term contracts and that the Claimant Union lacked legal mandate to represent them.

Issues

• Claimant's mandate to represent Grievants
• Termination of Grievants' employment
• Maternity leave practices
• Fixed-term vs. open-ended contracts

Reasoning

The Court ruled that the Claimant Union had the legal mandate to represent the Grievants, and that the Respondent's termination of the Grievants' employment was wrongful and in violation of constitutional and statutory rights. The Court also found that the Respondent's practices of not paying women salary while on maternity leave were discriminatory.

Outcome

In favor of the Claimant Union

Orders

• Award of compensation and damages for wrongful termination and violation of constitutional and statutory rights

Remedies

• Compensation for unlawful termination of each Grievant
• Maternity leave pay for those who proceeded on unpaid maternity leave

Authorities cited