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Employee Rights in a Restructure: The Case of Gatuma v. Kenya Breweries Ltd & 3 Others

Updated: Sep 18


This case, which involved complex issues of employment rights and corporate restructuring, provides valuable insights for legal professionals and businesses alike.


Background of the Case

The case began when Symon Wairobi Gatuma, an employee of Kenya Breweries Limited (KBL), filed a claim against his employer and its subsidiaries. Gatuma had been employed as a machine technician since 1986 and was later transferred to the malting section.


In 2003, KBL restructured its operations, transferring the malting unit to its subsidiaries, Kenya Maltings Limited and East African Maltings Limited. Gatuma and his colleagues were forced to sign new employment contracts with the subsidiaries, which offered lower salaries and allowances.


Gatuma argued that the new terms were not negotiated with the trade union, Kenya Union of Commercial Food and Allied Workers (KUCFAW), and that the transfer amounted to constructive dismissal. He sought several reliefs, including compensation for unfair termination and reinstatement to his previous position.


Legal Issues and Arguments

The primary legal issues in this case revolved around:


  1. Constructive Dismissal: Gatuma claimed that the forced transfer and reduction in salary constituted constructive dismissal. Constructive dismissal occurs when an employee resigns due to the employer’s conduct, which makes continued employment intolerable.


  2. Breach of Employment Contract: Gatuma argued that the new employment terms were imposed without proper negotiation, violating the terms of his original contract and the collective bargaining agreement with KUCFAW.


  3. Corporate Restructuring and Employee Rights: The case also raised questions about the legality of transferring employees to subsidiaries without their consent and the implications for their employment rights.


Court’s Decision

The Industrial Court initially ruled in favor of Gatuma, awarding him compensation for unfair termination. However, KBL and its subsidiaries appealed the decision, leading to a protracted legal battle that eventually reached the Supreme Court.


The Supreme Court’s ruling was a landmark decision that clarified several key aspects of employment law in Kenya:


  1. Constructive Dismissal: The Court held that the forced transfer and reduction in salary did indeed constitute constructive dismissal. It emphasized that employers must ensure that any changes to employment terms are negotiated and agreed upon with the affected employees or their representatives.


  2. Breach of Contract: The Court found that KBL and its subsidiaries had breached Gatuma’s employment contract by imposing new terms without proper negotiation. It underscored the importance of adhering to collective bargaining agreements and respecting employees’ rights during corporate restructuring.


  3. Employee Rights in Corporate Restructuring: The ruling highlighted that employees cannot be transferred to subsidiaries without their consent, and any such transfer must not result in less favorable terms of employment. The Court stressed that employers must prioritize the welfare of their employees during restructuring processes.


Legal Principles Reinforced

Several key legal principles were reinforced by the Supreme Court’s judgment:

  • Right to a Fair Hearing: Every employee has the right to a fair hearing before dismissal, including the opportunity to challenge allegations and present their side of the story.


  • Burden of Proof: Employers bear the burden of proving that a dismissal was fair and justified. This includes demonstrating that both procedural and substantive fairness were observed.


  • Corporate Accountability: The ruling underscores that corporate entities and their executives cannot evade responsibility for unfair employment practices. Accountability is essential in maintaining a fair and just workplace.


Implications for Employers and Employees

The Gatuma case has far-reaching implications for both employers and employees in Kenya:


  1. Employer Obligations: Employers must ensure that any changes to employment terms are negotiated with employees or their representatives. They must also respect collective bargaining agreements and avoid imposing unfavorable terms unilaterally.


  2. Employee Rights: Employees have the right to challenge any changes to their employment terms that are imposed without proper negotiation. They can seek legal redress for constructive dismissal and breach of contract.


  3. Corporate Restructuring: Companies undergoing restructuring must prioritize the welfare of their employees. Any transfer of employees to subsidiaries must be done with their consent and should not result in less favorable terms of employment.


Conclusion

The Supreme Court’s decision in Gatuma v. Kenya Breweries Ltd & 3 Others is a landmark ruling that has significantly impacted employment law in Kenya. It underscores the importance of fair treatment of employees during corporate restructuring and the need for employers to adhere to negotiated employment terms.


This case serves as a crucial reference for legal professionals, businesses, and employees navigating the complexities of employment law in Kenya. By understanding the implications of this case, employers can better navigate corporate restructuring while ensuring compliance with employment laws, and employees can be more aware of their rights and the legal avenues available to them in case of unfair treatment.


For legal advice or representation in employment-related matters, contact our experienced team. We specialize in employment law and can provide expert guidance to ensure your rights are protected and your disputes are resolved effectively.




Gatuma v. Kenya Breweries Ltd & 3 Others Kenya
Gatuma v. Kenya Breweries Ltd & 3 Others

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